The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. bryan moochie'' thornton. 91-00570-05). That is hardly an acceptable excuse. App. 2d 395 (1979). 0 Daphe Police Department. BRYAN THORNTON, a/k/a Moochie, Appellant _____ On Appeal from the United States District Court . The district court erred in admitting a statement by a government witness that one of the defendants named in the indictment had stated that "he was having some problems with [members of the JBM] that they were trying to make [him] get down and he didn't want to get involved but they were coming at him too strong." Most of the evidence presented at the trial concerned drug transactions that occurred while all three defendants were active participants in the JBM, and no prejudice to Thornton can be inferred from the government's proof of drug transactions occurring after he was incarcerated. ), cert. App. Although this court has never expressly considered this issue, we have held, relying on Burns, that notice and prejudice are the touchstones for determining the timeliness of a premature notice of appeal in a criminal case. 12 during the trial. 130 0 obj Any claim of prejudice is further undermined by the volume of incriminating evidence presented by the government during the remainder of the trial and by the district court's instruction "to decide the case on the basis only of the evidence and not extrinsic information, an instruction the jury is presumed to have followed." 126 0 obj We review the court's ruling for abuse of discretion, with the understanding that "the trial judge develops a relationship with the jury during the course of a trial that places him or her in a far better position than an appellate court to measure what a given situation requires." App. United States Immigration and Customs Enforcement. <>stream App. at 75. In Dowling, the district court received a note from a juror stating that another juror "is being prejudice [sic] on this case" because she had read newspaper articles describing the defendant's extensive criminal history and discussed this information with other jurors. Such balancing demonstrates the exercise of discretion rather than its abuse.6 Our conclusion is reinforced by the fact that no further expressions of apprehensiveness occurred during the following eleven days of the trial and by the court's instruction to the jury that "there was never the slightest realistic basis for any feeling of insecurity." The district court also found that "Thornton was convicted on the basis of the strength of government witnesses Rodney Carson, Earl Stewart, and William Mead" and on the basis of "a large number of drug-related and JBM-related tape recorded conversations which demonstrated Thornton's role in the JBM." ("The judge's decision whether to interrogate the jury about juror misconduct is within his sound discretion, especially when the alleged prejudice results from statements made by the jurors themselves, and not from media publicity or other outside influences. e d u / t h i r d c i r c u i t _ 2 0 2 2 / 5 9 1)/Rect[72.0 142.9906 354.085 154.7094]/StructParent 8/Subtype/Link/Type/Annot>> denied, 445 U.S. 953, 100 S.Ct. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). at 93. 1992). He testified that he saw Thornton on one occasion in 1989 with co-conspirator Aaron Jones and Reginald Reaves and on another occasion at Jamison's house when Thornton had a gun in his possession. 0000001589 00000 n App. The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. 125 0 obj Nonetheless, not every failure to disclose requires reversal of a conviction. 1993), we defined constructive possession to mean that "although a prosecutor has no actual knowledge, he should nevertheless have known that the material at issue was in existence." On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. * e d u / t h i r d c i r c u i t _ 2 0 2 2)/Rect[230.8867 210.4406 492.0049 222.1594]/StructParent 7/Subtype/Link/Type/Annot>> Defendants next argue that the district court erred in empaneling an anonymous jury. 33 on the ground of newly discovered evidence,8 asserting that the failure to disclose the DEA payments deprived them of the ability to cross-examine effectively two witnesses whose testimony and credibility were central to the government's case. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. 3 and declining to remove Juror No. Gerald A. Stein (argued), Philadelphia, PA, for . See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir.1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). at 82. In light of the district court's curative instructions and the overwhelming evidence of the defendants' guilt in this case, including specific evidence concerning the numerous acts of violence committed in furtherance of the conspiracy, we conclude that these evidentiary errors were harmless and did not deprive the defendants of a fair trial. at 92. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. App. In light of the district court's wide latitude in making the kind of credibility determinations underlying the removal of a juror, we conclude the rulings here were well within its discretion.D. 91-00570-03).UNITED STATES of Americav.Aaron JONES, a/k/a "A", "J", Appellant (D.C. Criminal No.91-00570-01).UNITED STATES of Americav.Bernard FIELDS, a/k/a "Quadir", "Q", Appellant (D.C.Criminal No. 122 19 Since that defendant was being pressured to join the JBM at the time of his statement, he was not a member of the conspiracy for purposes of the hearsay exception. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. S.App. As the Supreme Court recently explained, "a district court should grant a severance under Rule 14 only if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence." <>/MediaBox[0 0 612 792]/Parent 119 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> Defendant Fields did not file a motion for a new trial before the district court. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. <>/Border[0 0 0]/Contents()/Rect[72.0 612.5547 147.2544 625.4453]/StructParent 3/Subtype/Link/Type/Annot>> ("The judge's decision whether to interrogate the jury about juror misconduct is within his sound discretion, especially when the alleged prejudice results from statements made by the jurors themselves, and not from media publicity or other outside influences. 2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S. Ct. 3375, 3383, 87 L. Ed. Thornton asserts that he should not have been joined with Jones and Fields because he was incarcerated on June 27, 1990 on an unrelated charge, and the government failed to prove his continuing participation in the conspiracy after that date. The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. at 1683. (from 1 case). R. Crim. 2d 748 (1977). ), cert. On appeal, Thornton, Jones, and Fields argue that the following errors require a reversal of their convictions and a new trial: (1) they were misjoined under Fed. denied, 429 U.S. 1038, 97 S. Ct. 732, 50 L. Ed. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. Kennedy was dating Neisha Witherspoon Jones' baby mama and the incarcerated Jones was not pleased. <>/Border[0 0 0]/Contents(Opinions of the United States Court of Appeals for the Third Circuit)/Rect[431.606 623.5547 540.0 636.4453]/StructParent 4/Subtype/Link/Type/Annot>> Subscribe United States v. Burns, 668 F.2d 855, 858 (5th Cir. flossie guru gossip, gloucester rugby former players, fallen hero names, cd america de quito flashscore, The district court dismissed the five jurors from the case, but refused the defendants' request to question the remaining jurors about possible fear or bias. Thornton asserts that he should not have been joined with Jones and Fields because he was incarcerated on June 27, 1990 on an unrelated charge, and the government failed to prove his continuing participation in the conspiracy after that date. At the fifteen-day jury trial that followed, the government introduced a substantial amount of evidence in support of its charges against the three defendants, including the testimony of ten cooperating witnesses who were members of or who had had direct dealings with the JBM, more than sixty wiretapped or consensually recorded conversations concerning members of the JBM, and physical evidence, including documents, photographs, drugs, weapons, and drug-related paraphernalia. The defendants have not challenged the propriety of their sentences or fines. It follows that we may not consider his claim on appeal. denied, 475 U.S. 1046, 106 S.Ct. simon barnett daughters murphy's haystacks aboriginal how to blur background in slack vijaya rajendran ms subbulakshmi daughter bulk potable water delivery cost elopement celebrant christchurch black chefs in palm springs jira depends on vs is dependent on difference between evolutionary systematics and phylogenetic systematics ballet company . 3 and Mr. Fields in substance exchanging smiles and making really an exchange of non-verbal communication by virtue of rubbing one's hand against the face. [I]f it were simply an honest reaction, be it scowling, be it smiling or whatever it is, that is not a reason to remove a juror. <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[72.0 648.0 126.0 707.5]/StructParent 1/Subtype/Link/Type/Annot>> P. 33 on the ground of newly discovered evidence,8 asserting that the failure to disclose the DEA payments deprived them of the ability to cross-examine effectively two witnesses whose testimony and credibility were central to the government's case. endobj United States v. Chiantese, 582 F.2d 974, 980 (5th Cir.1978), cert. denied, --- U.S. ----, 113 S. Ct. 664, 121 L. Ed. 134 0 obj There is no indication that the prosecutors made any follow-up inquiry. denied, 493 U.S. 1034, 110 S.Ct. 0000005954 00000 n Zafiro v. United States, --- U.S. ----, ----, 113 S.Ct. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. 3 had nothing to do with any of the defendants or with the evidence in the case. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. The indictment alleges three murders were committed - two in 1988 and one in 1989 - to protect drug operations and eight attempted slayings. denied, --- U.S. ----, 112 S.Ct. 8(b)2 de novo and the denial of a motion for severance under Fed.R.Crim.P. Moreover, the indictment alleged as overt acts in furtherance of the conspiracy the substantive acts with which these defendants were charged, further demonstrating the efficiency of a joint trial. All three defendants were sentenced under the United States Sentencing Guidelines to life imprisonment, and Thornton and Jones were each ordered to forfeit $6,230,000 to the government pursuant to 21 U.S.C. Thus, he has waived the right to present that issue on appeal, The defendants cite for support United States v. McAnderson, 914 F.2d 934 (7th Cir.1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir.1985), cert. Bryan Thornton appeals from an order of the District Court, entered September 9, 2021, denying his motion for a reduction of sentence pursuant to 18 U.S.C. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. The district court in this case concluded that Thornton and Jones were both leaders of the JBM and that severance was inappropriate because the defendants had failed to demonstrate that joinder would be prejudicial.5. His two co-defendants, Fields and Thornton were sentenced under the United States sentencing guidelines to life imprisonment also. U.S. See Eufrasio, 935 F.2d at 567. Id. Frankly, I think Juror No. The Supreme Court has noted that joinder under Rule 8 is proper when an indictment "charge[s] all the defendants with one overall count of conspiracy." United States v. Lane, 474 U.S. 438, 447, 106 S.Ct. 113 S. Ct. 664, 121 L. Ed, and the incarcerated Jones was not pleased ( )! Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C,! Had nothing to do with any of the errors, and Fields were, various... Instruction as to three of the defendants argue that the district court the denial of a motion severance. Argue that the evidence was insufficient to support the verdicts inclined to follow the! 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