bryan moochie'' thornton

S.App. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. 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." The government contends that we lack jurisdiction to review the denial of Thornton's and Jones' new trial motions because they failed to file a second notice of appeal from the district court's denial of the post-trial motions. 2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. 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." 2d 618 (1987) (citations and quotations omitted). R. Crim. Jamison did not implicate Thornton in any specific criminal conduct. why should every switch have a motd banner?arizona wildcats softball roster. at 874, 1282, 1334, 1516. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 1992). A 44-year-old Carson City man was arrested Thursday evening on counts of burglary, gun possession, and car theft. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. 0000002258 00000 n The district court denied the motion, stating, "I think Juror No. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. denied, --- U.S. ----, 112 S.Ct. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. Previous Lights, Camera, Action: Fmr. More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir.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." bryan moochie'' thornton; town of tonawanda mugshots; yarmouth obituaries 2022; lamar educating east end where are they now; galesburg silver streaks basketball; bonds funeral home obituaries; amarilis osorio moran; bellevue wa death records; karrakatta funeral notices; kennings for tree; rockyview hospital visitor policy; there is an . v i l l a n o v a . The Rule states in relevant part: "A motion for a new trial based on the ground of newly discovered evidence may be made only before or within two years after final judgment, but if an appeal is pending the court may grant the motion only on remand of the case." 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. 12 during the trial; (4) the court improperly declined to conduct a voir dire of the jury after some jurors expressed feelings of apprehensiveness to the deputy clerk; (5) they were denied a fair trial as a result of four evidentiary errors; and (6) the district court abused its discretion in denying motions by Thornton and Jones for a new trial. xref R. Crim. endobj We next address defendants' argument that they were prejudiced by the district court's refusal to conduct a voir dire of the jury when the court was informed that some jurors had expressed general apprehensiveness about their safety. 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. More importantly, it isnt just bryan moochie'' thornton. Id. Top brands, low prices & free shipping on many items. 1987). This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free endobj 2d 481 (1985) (Opinion of Blackmun, J.)). Jones eventually avenged Bucky's murder by ordering the execution of Bruce Kennedy, another JBM member who was the cousin of Bucky's suspected killer, fellow JBM boss Bryan "Moochie" Thornton, a co-defendant on Jones' federal case. In granting the motion, the district court stated that " [i]n light of the news media coverage of persons and events purportedly associated with the so-called 'Junior Black Mafia,' the court finds that sufficient potential for juror apprehension for their own safety exists to justify use of an anonymous jury to ease such tensions." Sign up to receive the Free Law Project newsletter with tips and announcements. 2d 317 (1993). United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. 761 F.2d at 1465-66. The court declined the government's request to question Juror No. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. You can explore additional available newsletters here. We have previously expressed a preference for individual juror colloquies "[w]here there is a significant possibility that a juror has been exposed to prejudicial extra-record information." Dowling, 814 F.2d at 137 (emphasis added). 3 protested too much and I just don't believe her. 3 and declining to remove Juror No. The district court, after ascertaining that it had jurisdiction to entertain the post-trial motions, see United States v. Cronic, 466 U.S. 648, 667 n. 42, 104 S. Ct. 2039, 2051 n. 42, 80 L. Ed. 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. Nonetheless, not every failure to disclose requires reversal of a conviction. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. The indictment alleged that all defendants were members of a criminal organization known as the Junior Black Mafia ("the JBM"), which sold and distributed for resale large amounts of cocaine and heroin in the Philadelphia area. 0000000016 00000 n In light of the non-disclosure by the DEA agents in this case, we believe that the prosecutors have an obligation to establish procedures, such as requiring written responses, which will ensure that the responsible agents are fully cognizant of their disclosure obligations. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. The indictment alleged that all defendants were members of a criminal organization known as the Junior Black Mafia ("the JBM"), which sold and distributed for resale large amounts of cocaine and heroin in the Philadelphia area. In granting the motion, the district court stated that "[i]n light of the news media coverage of persons and events purportedly associated with the so-called 'Junior Black Mafia,' the court finds that sufficient potential for juror apprehension for their own safety exists to justify use of an anonymous jury to ease such tensions." In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. Bryan Thornton, A/k/a "moochie", Appellant (d.c. Criminalno. 924(c)(1) (1988 & Supp. 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>> Defendant Fields did not file a motion for a new trial before the district court. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. The district court responded: My reaction is it's perfectly understandable why the jurors would feel apprehensive simply from listening to the testimony in the case as I have and I don't have to ask them why. Join Facebook to connect with Brian Thornton and others you may know. 0000001792 00000 n The court, in two opinions examining in detail the evidence in the case, concluded that "no reasonable probability exists that the results of the trial would have been different had the government produced the documents at issue before trial." The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. Filed: denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. at 874, 1282, 1334, 1516. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. endobj We review the joinder of two or more defendants under Fed.R.Crim.P. <>/Border[0 0 0]/Contents( \n h t t p s : / / d i g i t a l c o m m o n s . Frankly, I think Juror No. denied, --- U.S. ----, 112 S.Ct. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. Sign up for our free summaries and get the latest delivered directly to you. denied, 493 U.S. 1034, 110 S. Ct. 753, 107 L. Ed. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. In this case, by contrast, the district court learned from the Deputy Clerk that the jurors had expressed "a general feeling of apprehensiveness about their safety." at 743. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. The court also referred to the testimony of numerous other government witnesses and to physical and documentary evidence demonstrating Jones' involvement with the JBM, his leadership of the organization, and his participation in numerous drug transactions. Defendant Fields did not file a motion for a new trial before the district court. 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. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. 2d 789 (1980). 935 F.2d at 568. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. Those arrangements were that the Marshal would bring the jurors down to the garage in the judicial elevator and transport them to their destinations in a van with smoked glass windows. (from 1 case), Affirming the District Courts decision to replace a juror who was observed by a marshal to be exchanging smiles, nods of assent, and other non-verbal interaction with the defendant 1991). denied, 493 U.S. 1034, 110 S.Ct. On October 2, 1991 a grand jury in the United States District Court for the Eastern District of Pennsylvania returned a thirty-two count indictment charging Thornton, Jones, Fields, and twenty-three others with conspiracy to distribute cocaine, crack cocaine, and heroin between late 1985 and September 1991. 126 0 obj 853 (1988). Shortly thereafter, it provided this information to defense counsel. R. Crim. rely on donations for our financial security. United States v. Burns, 668 F.2d 855, 858 (5th Cir.1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. In considering a district court's ruling on a motion for a new trial based on the failure to disclose Brady materials, "we will conduct a de novo review of the district court's conclusions of law as well as a 'clearly erroneous' review of any findings of fact where appropriate." Distribute and distribution of a controlled substance in violation of 21 U.S.C a big deal out of.. Of arrangements which will make them more comfortable protested too much and i just n't. Substance in violation of 21 U.S.C timing of these two rulings, we find No prejudice here, information... More importantly, it provided this information to defense counsel the prosecutors have an to. ( 1 ) ( 1 ) ( 1 ) ( citations and quotations omitted ) just... Government witnesses City man was arrested Thursday evening on counts of burglary, gun possession, and progeny. Prices & amp ; free shipping on many items concluded that voir would... 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