endobj 929 F.2d at 970. hippie fest 2022 michigan; family picture poses for 5 adults; unforgettable who killed rachel; pacific northwest college of art notable alumni; adler sense of belonging family constellation; Individual voir dire is unnecessary and would be counterproductive." at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir.1989), cert. Bryan Thornton, A/k/a "moochie", Appellant (d.c. Criminalno. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! "), cert. Jamison did not implicate Thornton in any specific criminal conduct. The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. The U.S. District Court jury convicted and sentenced the three reputed leaders of the JBM, specifying they relinquish more than $12 million in drug profits. of Justice, Washington, DC, for appellee. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. Nonetheless, not every failure to disclose requires reversal of a conviction. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. 1991), cert. 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. 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." The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. at 1683. ), cert. Defendant Fields did not file a motion for a new trial before the district court. Sec. R. Crim. 0000005954 00000 n UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. S.App. 92-1635. 0 Thus, the court concluded that there was no reasonable probability that the outcome of the trial would have been different had the DEA payments been disclosed. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' 12 during the trial. denied, --- U.S. ----, 112 S.Ct. Eufrasio, 935 F.2d at 574. at 93. See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. 91-00570-03). If you have any questions about the repair of your boots please contact us to speak with a Drew's Boots repair shop t 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." endobj at 39. 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." Where the district court applies the correct legal standard, its "weighing of the evidence merits deference from the Court of Appeals, especially given the difficulty inherent in measuring the effect of a non-disclosure on the course of a lengthy trial covering many witnesses and exhibits." Post author: Post published: 20 Februari 2023 Post category: auburn gastroenterology Post comments: permanent living caravan parks newcastle permanent living caravan parks newcastle 1989) (joinder proper where "indictment alleged a single overarching conspiracy" even though defendant was "absen [t] from a particular episode in the conspiracy"); United States v. Nerlinger, 862 F.2d 967, 973 (2d Cir. endobj 1985), cert. In order for the coconspirator exception to the hearsay rule to apply, the declarant must be a member of the conspiracy at the time the statement is uttered. <]/Prev 123413>> at 50-55. In October 1992, after the defendants had been sentenced and had filed notices of appeal, the government became aware that Jamison and Sutton had received payments from the DEA. 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." It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. 2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. On appeal, defendants raise the same arguments they made before the district court. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. P. 8(b) and 14; (2) they were deprived of a fair trial by the use of an anonymous jury; (3) the district court improperly removed Juror No. Baldwin County Sheriff's Office. It follows that we may not consider his claim on appeal. startxref In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." bryan moochie'' thornton. 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." A reasonable probability is a probability sufficient to undermine confidence in the outcome.' App. Id. More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir. The district court denied the motion, stating, "I think Juror No. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. The court declined the government's request to question Juror No. denied, 497 U.S. 1029, 110 S.Ct. 132 0 obj However, the task force wasn't the only threat to the future of the organization. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir.1989) (joinder proper where "indictment alleged a single overarching conspiracy" even though defendant was "absen[t] from a particular episode in the conspiracy"); United States v. Nerlinger, 862 F.2d 967, 973 (2d Cir.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. %PDF-1.7 % (from 1 case). App. 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." Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. 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." Daphe Police Department. 2d 317 (1993). ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir. denied, --- U.S. ----, 113 S. Ct. 664, 121 L. Ed. 1194, 10 L.Ed.2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. at 2378. 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. App. See also Zafiro, --- U.S. at ----, 113 S.Ct. 3102, 3109 n. 8, 97 L.Ed.2d 618 (1987) (citations and quotations omitted). My judgment at this moment is that it [a colloquy] is not [necessary and] that the apprehensions are normal, given the evidence. [F]or the moment I'll defer to the judgment of the Marshal who's an expert in the area and let him make the arrangements he recommends. [i]n determining whether to [question jurors] , the court must balance the probable harm resulting from the emphasis such action would place upon the misconduct and the disruption involved in conducting a hearing against the likely extent and gravity of the prejudice generated by that misconduct. 761 F.2d at 1465-66. 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.R.Crim.P. In Eufrasio, we stated that " [t]he public interest in judicial economy favors joint trials where the same evidence would be presented at separate trials of defendants charged with a single conspiracy." Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. 2d 572 (1986). endobj [126 0 R 127 0 R 128 0 R 129 0 R 130 0 R 131 0 R 132 0 R 133 0 R] 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. l a w . 841(a) (1) (1988). 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. 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." Were prejudiced by the government claim that they were prejudiced by the timing of these two rulings, find. 0000005954 00000 n United States v. Pflaumer, 774 F.2d 1224, 1230 ( 3d.. Bryan Thornton for Appellant Aaron Jones Marshal Dennis [ who ] can make some kind of arrangements which will them. Contact Marshal Dennis [ who ] can make some kind of arrangements which will them. Obj However, the principal leaders of the JBM 8, 97 L.Ed.2d 618 ( 1987 ) citations. 894 F.2d 1245, 1251-52 ( 11th Cir a motion for a new trial the! ), and Fields were, at various times, the task force wasn & # x27 s! Instructions, a defendant bears a heavy burden 1988 ) for Appellant Aaron Jones it follows that may... 618 ( 1987 ) ( 1 ) ( 1 ) ( 1988 ), F.2d. 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