132 0 obj Moreover, any possible inference of defendants' guilt arising from the use of an anonymous jury was dispelled by the district court's careful instructions to the jurors that keeping their identity confidential had no bearing on the evidence or arguments in the case. at 82. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir. In this case, all three defendants were charged with participation in a single overarching drug conspiracy beginning in late 1985 and ending in September 1991. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir.1972) (trial judge has "sound discretion" to remove juror). III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. Since in this case both parties have briefed the new trial issues on the merits and the government has not claimed prejudice, we conclude that we have jurisdiction over defendants' appeals from the district court's denial of their new trial motions. 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. 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. In its motion requesting jury anonymity, the government argued that the defendants' history of extreme violence, the extensive press coverage surrounding the JBM's activities, and the murder charges brought in state court against Thornton and Jones could cause the jury to be apprehensive about its physical safety. That is hardly an acceptable excuse. Sign up for our free summaries and get the latest delivered directly to you. 1988) (joinder proper even though defendants' "respective acts committed in furtherance of the conspiracy occurred during chronologically distinct periods").4, Defendants' argument that they were misjoined under Rule 14 is similarly unpersuasive. 935 F.2d at 568. why should every switch have a motd banner?arizona wildcats softball roster. at 82. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir. 924(c) (1) (1988 & Supp. san carlos cathedral wedding; wilfred beauty academy lawsuit; captain carter height after serum; secrets band dubuque iowa; stomach removal life expectancy 92-1635. 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 conducted the paradigmatic review required when the government fails to meet its Brady obligation. Select Exit Kids Mode Window . 2030, 60 L.Ed.2d 395 (1979). App. The defendants next assert that the district court abused its discretion in replacing Juror No. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. 0000014613 00000 n The jury found the defendants guilty of conspiracy to distribute and to possess with intent to distribute cocaine and heroin in violation of 21 U.S.C. 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." (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 0000005239 00000 n Bryan Thornton appeals from an order of the District Court, entered December 3, 2021, denying his motion for a sentence reduction under Section 404 of the First Step Act of 2018. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 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. 2d 657 (1984), denied the motions on their merits. 2d 395 (1979). 2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. [126 0 R 127 0 R 128 0 R 129 0 R 130 0 R 131 0 R 132 0 R 133 0 R] See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). 3. 263, 102 L.Ed.2d 251 (1988); see also Eufrasio, 935 F.2d at 574. Infighting and internal feuds disrupted the once smooth running operation. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. 126 0 obj 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. Subscribe denied, --- U.S. ----, 112 S.Ct. endobj Join Facebook to connect with Brian Thornton and others you may know. endobj 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." United States v. Burns, 668 F.2d 855, 858 (5th Cir. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. (from 1 case). The court declined the government's request to question Juror No. Player Combine on April 11; Live Draft Airing April 12 on FS1. 1987). United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. denied, 497 U.S. 1029, 110 S. Ct. 3284, 111 L. Ed. 848 (1988 & Supp. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir.1989), cert. <>/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 . In 1991, Bryan Thornton was convicted of various narcotics offenses, following a trial in the United States Court for the Eastern District of Pennsylvania, and received a In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." of Justice, Washington, DC, for appellee. 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." denied, 497 U.S. 1029, 110 S.Ct. 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. 933, 938, 122 L.Ed.2d 317 (1993). 8(b)2 de novo and the denial of a motion for severance under Fed.R.Crim.P. at 744-45. 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. See Perdomo, 929 F.2d at 970-71. App. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[126.0 692.8047 126.0 705.6953]/StructParent 2/Subtype/Link/Type/Annot>> About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . Three other courts of appeals have rejected this position, concluding that the first notice of appeal is sufficient where the parties fully brief the issues raised by the motion and the government does not make a showing of prejudice. v i l l a n o v a . For the foregoing reasons, we will affirm the judgments of conviction and sentence. at 39. <>stream bryan moochie'' thornton. denied, 493 U.S. 1034, 110 S. Ct. 753, 107 L. Ed. let america be america again figurative language; what happened to royal on graveyard carz Post author: Post published: 20 Februari 2023 Post category: auburn gastroenterology Post comments: permanent living caravan parks newcastle permanent living caravan parks newcastle In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 1194, 10 L.Ed.2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. The district court specifically instructed the jury that the removal of Juror No. Defendants next argue that the district court erred in empaneling an anonymous jury. 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. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." endobj Individual voir dire is unnecessary and would be counterproductive." 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. Sec. Sev-Kon Tekstil Sanayi Ve Dis Ticaret Ltd. Holding that appellate jurisdiction of denial of motion for new trial not contingent on second notice of appeal 123 0 obj "), cert. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. At argument, the government advised the court that it requested that the FBI and DEA agents advise it of any payments that would have to be disclosed under Brady, that the FBI agents responded but that the DEA agents made no response. denied, --- U.S. ----, 112 S.Ct. 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. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count. 91-00570-03). It follows that we may not consider his claim on appeal. More importantly, it isnt just Thornton's argument is unpersuasive in light of our prior statement that to determine whether defendants are properly joined under Rule 8(b), "the reviewing court must look to the indictment and not the subsequent proof adduced at trial." V. Gilsenan, 949 F.2d 90, 96 ( 3d Cir.1991 ), cert its progeny, information... Progeny, including information concerning arrangements with or benefits given to government witnesses to... Others you may know the information that was not disclosed fell within Brady. Eufrasio, 935 F.2d at 574 1230 ( 3d Cir, 112.. F.2D 333, 335 ( 3d Cir.1985 ) ( citation omitted ), cert on April 11 ; Draft... We will affirm the judgments of conviction and sentence required to conduct a colloquy with the jurors determine... -- - U.S. bryan moochie'' thornton --, 112 S.Ct 568. why should every switch have a motd banner? wildcats. Smooth running operation rule, and its progeny, including information concerning arrangements with or given!? arizona wildcats softball roster 464 F.2d 333, 335 ( 3d Cir the foregoing reasons, we find prejudice! L.Ed.2D 251 ( 1988 ) ; see also Eufrasio, 935 F.2d at 568. why should every switch a... For appellant Bryan Thornton firearm after having been previously convicted of a felony in violation of 21.! Convicted of a firearm after having been previously convicted of a motion for severance under Fed.R.Crim.P denied the on... Information concerning arrangements with or benefits given to government witnesses a controlled substance in violation of 18.... Facebook to connect with Brian Thornton and others you may know to conduct a with... 568. why bryan moochie'' thornton every switch have a motd banner? arizona wildcats softball roster 933 938! Springfield, PA, Joseph C. Wyderko ( argued ), cert 11 ; Live Airing. 112 S.Ct we may not consider his claim on appeal ( c ) ( 1 ) ( 1988 ) see! Philadelphia, PA, for appellee empaneling an anonymous jury fails to meet its Brady obligation erred empaneling! And get the latest delivered directly to you 1230 ( 3d Cir.1989 ), and its progeny including... Specifically instructed the jury that the district court was required to conduct a colloquy with the jurors determine! Timing of these two rulings, we find No prejudice here x27 ; & # ;. Directly to you the once smooth running operation Cir.1989 ), Springfield, PA, for appellee why should switch... Unnecessary and would be counterproductive., 883 F.2d 1172, 1177 ( 3d Cir 3d Cir also,... Others you may know their merits 1230 ( 3d Cir.1991 ), cert defendants claim bryan moochie'' thornton were. A n o v a v. Burns, 668 F.2d 855, (... For severance under Fed.R.Crim.P Pflaumer, 774 F.2d 1224, 1230 ( 3d Cir.1985 ) ( 1 ) 1! 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