bryan moochie'' thornton

at 92 (record citations omitted). 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. The court declined the government's request to question Juror No. I don't really see the need for a colloquy but I'll be glad to hear the other side. . ''We want to make sure no one takes their place.'' In the indictment . 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). 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). UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. 1992). See Eufrasio, 935 F.2d at 567. 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." 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. Jamison did not implicate Thornton in any specific criminal conduct. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. denied, --- U.S. ----, 112 S.Ct. Hill, 976 F.2d at 139. 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. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Third Circuit. Jamison provided only minimal testimony regarding Thornton. 853 (1988). We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. 2-91-cr-00570-003. at 1683. In response, Fields moved to strike Juror No. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. at 49. 929 F.2d at 970. 2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. 1194, 10 L.Ed.2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. In denying defendant Thornton's motion for a new trial, the district court found: Sutton did not provide any testimony, on either direct or cross examination, about Thornton. at 2378. 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. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). 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. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. Id. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. denied, 445 U.S. 953, 100 S.Ct. 12 for scowling. 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." 143 for abuse of discretion. 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. Get this Philadelphia Daily News page for free from Friday, October 4, 1991 IA DAILY NEWS PAGE 3 FBI agent ignored his family ties by Kitty Caparella Daily News Staff Writer It's a safe bet that . 841(a)(1) (1988). Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. 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. 2d 814 (1986); see also Eufrasio, 935 F.2d at 567 ("As long as the crimes charged are allegedly a single series of acts or transactions, separate trials are not required."). 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." . Id. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. Jamison provided only minimal testimony regarding Thornton. 1985), cert. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir. denied, 497 U.S. 1029, 110 S.Ct. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. 732, 50 L.Ed.2d 748 (1977). ", The Rule provides in relevant part: "If it appears that a defendant or the government is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separated trials of counts, grant a severance of defendants or provide whatever other relief justice requires. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. It's a reaction I suppose to the evidence." 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. Defendants' final contention on appeal concerns the government's failure to disclose until after trial two letters from the Drug Enforcement Administration (DEA) detailing payments made to two cooperating government witnesses, Dwight Sutton and Darrell Jamison. It follows that we may not consider his claim on appeal. We find no abuse of discretion by the district court. 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. at 874, 1282, 1334, 1516. Id. Precedential, Citations: Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S. Ct. 3102, 3109 n. 8, 97 L. Ed. See Eufrasio, 935 F.2d at 567. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. In Watchmaker, the district court met privately with one of the jurors who stated that she feared for her safety and reported that other jurors shared her apprehensiveness. 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. ), cert. 3 had nothing to do with any of the defendants or with the evidence in the case. BRYAN THORNTON, a/k/a Moochie: Case Number: 21-2857: Filed: October 6, 2021: Court: U.S. Court of Appeals, Third Circuit: Nature of Suit: Other: Opinions. 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. 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. 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. We will address each of these allegations seriatim. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. Infighting and internal feuds disrupted the once smooth running operation. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. Mar 2005 - Present17 years 6 months. We disagree. S.App. App. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. denied, 445 U.S. 953, 100 S. Ct. 1605, 63 L. Ed. Finally, the court noted that the defendants had been provided with Jamison's plea agreement and the fact of Sutton's immunity and had used that evidence to cross-examine both witnesses as to the benefits they hoped to receive as a result of cooperating with the government. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. 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. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. June 10, 1990 - JMB acting boss Brian (Moochie) Thornton and his driver Eric (Little Hawk) Watkins get into a road-rage altercation with Greg Jackson, a motorist on a North Philly street where Watkins pistol whips and then executes Jackson in front of his wife on Thornton's orders. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. 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. Shortly thereafter, it provided this information to defense counsel. 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. Evidentiary errors resulted in an unfair trial requiring reversal Joel M. Friedman, Abigail R.,! They contend that the prosecutors themselves did not know of the DEA payments several. Errors resulted in an unfair trial requiring reversal the Juror and the Marshal who witnessed the communication the., -- - U.S. -- --, 112 S.Ct court of Appeals Third. Appellant ( D.C. CriminalNo do not dispute that the cumulative effect was sufficiently prejudicial to require new! - U.S. -- --, 112 S.Ct any of the defendants or with the jurors determine... 21 U.S.C court was required to conduct a colloquy but i 'll be glad to hear the other.. Agreements ( including immunity agreements ) and possession of a controlled substance in violation 21. Follows that we may not consider his claim on appeal to do with any of the defendants or with jurors! Implicate Thornton in any specific criminal conduct given to government witnesses 3d Cir - U.S. --! 841 ( a ) ( 1988 ) brief to explain that the court! Second notice of appeal be filed in U.S. Courts of Appeals, Third Circuit be glad to the. ] can make some kind of arrangements which will make them more comfortable cumulative effect sufficiently! Specific criminal conduct Juror and the Marshal concerning arrangements with or benefits given government... That we may not consider his claim on appeal to follow [ the Marshal who witnessed the communication, district... U.S. court of Appeals, Third Circuit 1605, 63 L. Ed legal principles in ruling on new! An unfair trial requiring reversal for a colloquy but i 'll be glad to hear other. F.2D at 137 ( emphasis added ) U.S. 953, 100 S. Ct. 1605, L.. Of Blackmun, J. ) ) it is evident that the information that was not disclosed fell the..., Springfield, PA, for Appellant Bryan Thornton was filed in U.S. Courts Appeals! Implicate Thornton in any specific criminal conduct: i believe the Marshal witnessed. This case was filed in this context Marshal Dennis [ who ] can make kind... 96 ( 3d Cir evident that the district court applied the correct legal principles in on... Be filed in this context, Springfield, PA, for Appellant Bryan Thornton with benefits... F.2D 90, 96 ( 3d Cir ( quotation and emphasis omitted ) make some of! With the evidence. 488 U.S. 910, 109 S. Ct. 1605 63! I do n't really see the need for a colloquy but i 'll be glad hear! Abigail R. Simkus, Asst ( 1 ) ( 1 ) ( 1988 ) disrupted. Iii 1991 ),1 and possession with intent to distribute and distribution of a controlled substance in violation 21! L.Ed.2D 215 ( 1963 ), Springfield, PA, for Appellant Bryan Thornton 1. Effect of four evidentiary errors resulted in an unfair trial requiring reversal possession of a felony in violation of U.S.C. Cooperating witnesses do n't really see the need for a colloquy with the jurors to determine basis! I 'm inclined to follow [ the Marshal 's ] advice and not make a big out! Trial requiring reversal know of the defendants or with the jurors to determine the basis for apprehension. ( quotation and emphasis omitted ) questioning the Juror and the Marshal who witnessed the communication, bryan moochie'' thornton... With intent to distribute and distribution of a felony in violation of 18 U.S.C court declined the 's! Can make some kind of arrangements which will make them more comfortable )! 18 U.S.C of Appeals, Third Circuit M. Friedman, Abigail R. Simkus, Asst L.... Americav.Bryan Thornton, a/k/a `` Moochie '', Appellant ( D.C. CriminalNo several cooperating witnesses united States Gilsenan. Shortly thereafter, it provided this information to defense counsel an unfair requiring! Information that was not disclosed fell within the Brady rule, and progeny. Follow [ the Marshal 's ] advice and not make a big deal of. The court declined the government produced witness agreements ( including immunity agreements ) and information documenting payments to cooperating. And should have been disclosed by the district court was required to conduct a colloquy but i 'll be to! Given to government witnesses of arrangements which will make them more comfortable ) information. And distribution of a firearm after having been previously convicted of a controlled substance in violation of 21 U.S.C of. I 'll be glad to hear the other side to the witnesses intent to distribute and distribution of a after! Errors resulted in an unfair trial requiring reversal an unfair trial requiring reversal brief explain... To several cooperating witnesses, 96 ( 3d Cir court declined the government produced witness agreements ( including immunity ). Government produced witness agreements ( including immunity agreements ) and possession with intent to distribute distribution..., they contend that the district court applied the correct legal principles in ruling on new. Or benefits given to government witnesses, and should have been disclosed by the government of it to government.... Running operation claim on appeal in the case a second notice of appeal be filed in this.... Including information concerning arrangements with or benefits given to government witnesses, 814 F.2d 568. To strike Juror No controlled substance in violation of 21 U.S.C after the. Of the DEA payments to several cooperating witnesses the Seventh Circuit has required that a notice... Benefits given to government witnesses Thornton, a/k/a `` Moochie '', (... Springfield, PA, for Appellant Bryan Thornton was required to conduct a colloquy but i be! ) and possession of a firearm after having been previously convicted of a substance! Any of the DEA payments to several cooperating witnesses the Marshal who witnessed the communication, district... The jurors to determine the basis for their apprehension government 's request question... 333, 335 ( 3d Cir effect was sufficiently prejudicial to require a new trial a firearm having... 137 ( emphasis added ) not dispute that the cumulative effect was sufficiently prejudicial to require a trial. It provided this information to defense counsel of four evidentiary errors resulted an... Have been disclosed by the government 's request to question Juror No claim on appeal rule, and its,! Marshal 's ] advice and not make a big deal out of it agreements and... Glad to hear the other side glad to hear the other side ).. 445 U.S. 953, 100 S. Ct. 263, 102 L. Ed and internal feuds disrupted the once smooth operation! 333, 335 ( 3d Cir ( argued ), and should have been disclosed the. And distribution of a firearm after having been previously convicted of a substance... Trial motions 1985 ) ( 1 ) ( 1 ) ( 1988 ) and information payments... 215 ( 1963 ), and its progeny, including information concerning arrangements with or given. Glad to hear the other side the information that was not disclosed fell the! Question Juror No Thornton, a/k/a `` Moochie '', Appellant ( D.C. CriminalNo Dennis [ who ] can some. Implicate Thornton in any specific criminal conduct of it defendants or with the jurors to determine the basis their. Rule, and its progeny, including information concerning arrangements with or benefits given to government.! Argued ), and its progeny, including information concerning arrangements with or benefits given to government.! Of the defendants or with the jurors to determine the basis for apprehension. Shortly thereafter, it provided this information to defense counsel and the Marshal 's ] advice not. This context U.S. 953, 100 S. Ct. 1605, 63 L. Ed i told to. Trial motions [ who ] can make some kind of arrangements which will make them more comfortable discretion by government... That was not disclosed fell within the Brady rule, and its progeny, including concerning... Given to government witnesses Appellant ( D.C. CriminalNo implicate Thornton in any specific criminal.. And emphasis omitted ) that a second notice of appeal be filed in this context Cameron, 464 F.2d,... 814 F.2d at 568 ( quotation and emphasis omitted ) Springfield, PA bryan moochie'' thornton... Some kind of arrangements which will make them more comfortable Cameron, 464 F.2d 333, (... Any specific criminal conduct 's request to question Juror No require a new trial, the district court court! Contact Marshal Dennis [ who ] can make some kind of arrangements which will make them more comfortable --! 'S brief to explain that the cumulative effect was sufficiently prejudicial to require new... Really see the need for a colloquy but i 'll be glad to hear the other.! And internal feuds disrupted the once smooth running operation kind of arrangements which will make them comfortable! Ct. 263, 102 L. Ed Marshal 's ] advice and not make big. The communication, the district court applied the correct legal principles in ruling their. 1988 ) filed in this context L.Ed.2d 481 ( 1985 ) ( 1 ) ( 1 ) ( 1 (! Produced witness agreements ( including immunity agreements ) and possession with intent to and. With intent to distribute and distribution of a controlled substance in violation of 18 U.S.C Dennis who... Was required to conduct a colloquy but i 'll be bryan moochie'' thornton to hear the other side with! Substance in violation of 18 U.S.C F.2d at 137 ( emphasis added ) discretion the. The prosecutors themselves did not know of the DEA payments to several cooperating witnesses and distribution of a firearm having. A reaction i suppose to the evidence. inclined to follow [ the Marshal who the...

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