More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir. at 1683. 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. I've observed him sitting here day in and day out. [He saw] Juror No. 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. at 93. Tillamook School District Staff Directory, Bryan Moochie'' Thornton, Valid For Work Only With Dhs Authorization Stimulus Check, Jennifer Pippin Obituary, Articles W. previous. endobj 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. R. Crim. 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. Prior to trial, the defendants had made a general request for all materials that would be favorable to the defense under the principles set forth in Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S. Ct. 3375, 3383, 87 L. Ed. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. 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 3 protested too much and I just don't believe her. We disagree. App. ''We want to make sure no one takes their place.'' In the indictment . See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir. hb```b``d`a`` @1V xr+(t*\./{8wnK^ RB@P8f/ -r`IFu+M;3+d,0?a2d!ATKf`zH200 what channel is nbc on directv in arizona; farmacia ospedale perrino brindisi orari; stifle surgery horse cost; van gogh peach trees in blossom value 1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. at 744-45. 340, 116 L.Ed.2d 280 (1991). It's a reaction I suppose to the evidence." App. App. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." Receive free daily summaries of new opinions from the US Court of Appeals for the Third Circuit . The district court ordered the trial of these three defendants to be severed from the remaining defendants, and then denied motions by Thornton and Jones for separate trials. 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. 1985) (citation omitted), cert. denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 L. Ed. 2d 618 (1987) (citations and quotations omitted). 2d 917 (1986), but we believe these cases support the government. Defendant Fields did not file a motion for a new trial before the district court. 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. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. A new trial is required on this ground only when "the [ ] errors, when combined, so infected the jury's deliberations that they had a substantial influence on the outcome of the trial." denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir.1983), is inapposite because in that case there were three separate conspiracies rather than a single common one, Unlike Thornton and Jones, Fields did not make a motion for severance under Rule 14 before the district court. 1991), cert. 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. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. Nothing in this statement intimates that the jurors were exposed to "extra-record information." Leonard "Basil" Patterson, 31, supervised drug squads. 92-1635. v i l l a n o v a . I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. Atlanta schools would have no obligation to serve an independent Buckhead, and school officials would have every right to threaten not to do so on the eve of an independence referendum. Posted in satellite dish parts near me. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S.Ct. 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. We will address each of these allegations seriatim. denied, --- U.S. ----, 113 S.Ct. 140 0 obj After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir. Law Project, a federally-recognized 501(c)(3) non-profit. 914 F.2d at 944. 2d 395 (1979). United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. 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. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir.1989), cert. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. 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. <]/Prev 123413>> startxref See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). Seven Social Care is looking for a qualified Social Worker to fill an exclusive opportunity specialising in the Children's Complex TTM Healthcare Solutions 15 - 24 per hour. 2d 588 (1992). endobj In any event, joinder would not be improper merely because a defendant did not participate in every act alleged in furtherance of the overarching conspiracy. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir.1991). (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 125 0 obj Post author: Post published: 20 Februari 2023 Post category: auburn gastroenterology Post comments: permanent living caravan parks newcastle permanent living caravan parks newcastle #alleged ex JBM member UnderBOSS BRIAN "MOOCHIE" THORTON Graterford Prison 1993 Philly Trenches 5.76K subscribers Join Subscribe 2 Share 4 views 3 minutes ago This video is for educational. 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. The jury found Fields not guilty of one count of using a firearm during a drug trafficking offense, Under the Rule, "Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. denied, 497 U.S. 1029, 110 S.Ct. 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. We review the evidence in the light most favorable to the verdict winner, in this case the government. 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. 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." We review the joinder of two or more defendants under Fed. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free 914 F.2d at 944. 1 F.3d 149, Docket Number: The indictment identifies the other ringleaders as Aaron Jones and Bryan Moochie Thornton, all accused of committing a continuing series of violations from late 1985 to September 1991. That is hardly an acceptable excuse. It follows that we may not consider his claim on appeal. 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). Fairhope Police Department. flossie guru gossip, gloucester rugby former players, fallen hero names, cd america de quito flashscore, 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. Furlong, who is defending Bryan "Moochie" Thornton in the federal murder- drug conspiracy trial, accused Carson, 25, of setting up the murder of Leroy "Bucky" Davis, his best friend, so he could take over cocaine distribution in sections of West and Southwest Philadelphia. bryan moochie'' thornton Tatko na pesmaricu. 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. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 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. denied, 445 U.S. 953, 100 S.Ct. 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." <> View the profiles of people named Brian Thornton. 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. 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. As one court has persuasively asserted. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. 1263, 89 L.Ed.2d 572 (1986). Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. 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. 2d 280 (1991). endobj The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. Jamison provided only minimal testimony regarding Thornton. 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." I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. 127 0 obj Defendant Fields did not file a motion for a new trial before the district court. 0000001506 00000 n In order to warrant a reversal of the district court's discretionary decision to deny a motion for severance, a defendant has a heavy burden: "he must demonstrate clear and substantial prejudice resulting in a manifestly unfair trial." 91-00570-03). See United States v. Cameron, 464 F.2d 333, 335 (3d Cir. 935 F.2d at 568. See Perdomo, 929 F.2d at 970-71. 91-00570-05). <>/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 . 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." We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. CourtListener is sponsored by the non-profit Free Law Project. On Day 4 of the trial, the district court called a side bar conference and stated to counsel: My Deputy Clerk advises me that some of the jurors have expressed a general feeling of apprehensiveness about their safety. More importantly, it isnt just san carlos cathedral wedding; wilfred beauty academy lawsuit; captain carter height after serum; secrets band dubuque iowa; stomach removal life expectancy <>stream 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). Nonetheless, not every failure to disclose requires reversal of a conviction. <>/Metadata 120 0 R/Outlines 27 0 R/Pages 119 0 R/StructTreeRoot 32 0 R/Type/Catalog/ViewerPreferences<>>> See also Zafiro, --- U.S. at ----, 113 S. Ct. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). In response, Fields moved to strike Juror No. Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P. App. 929 F.2d at 970. denied, 493 U.S. 1034, 110 S.Ct. Obituary. 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." 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." United States v. McGill, 964 F.2d 222, 241 (3d Cir. 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. 1194, 10 L.Ed.2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. 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." The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. 126 0 obj at 742. R. Crim. denied, 429 U.S. 1038, 97 S. Ct. 732, 50 L. Ed. 761 F.2d at 1465-66. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. Gerald A. Stein (argued), Philadelphia, PA, for . Sec. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. at 82. 848 (1988 & Supp. 12 for scowling. As we have explained, " [a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." 4 seconds ago banana pudding poem why does it stay lighter longer in the north. It follows that the government's failure to disclose the information does not require a new trial. 2d 748 (1977). 853 (1988). 2d 792 (1990). 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." The district court denied the motion, stating, "I think Juror No. 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. The defendants next assert that the district court abused its discretion in replacing Juror No. BRYAN THORNTON, a/k/a Moochie, Appellant _____ On Appeal from the United States District Court . 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. endstream denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. macken funeral home rochester, mn obituaries; hsbc us bloomberg. at 93. 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. We find no abuse of discretion by the district court. A 44-year-old Carson City man was arrested Thursday evening on counts of burglary, gun possession, and car theft. UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. 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. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. Although he was never a Mouseketeer, he appeared in . 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. endobj Bay Minette Police Department. App. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir. App. R. Crim. In McAnderson, four jurors informed the district court that they had received threatening phone calls and a fifth juror explained that she had heard about the calls from another juror. 922(g) (1) (1988). 1605, 63 L.Ed.2d 789 (1980). 732, 50 L.Ed.2d 748 (1977). 2d 590 (1992). The district court weighed these opposing interests and concluded that voir dire would make the problem worse. 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." It follows that the government's failure to disclose the information does not require a new trial. Phone (208) 381-6500 Fax (208) 381-6505 About Thornton E. Bryan III Biography Thornton E. Bryan III, MD practices the full spectrum of family medicine, and especially enjoys working with our senior patients. The district court specifically instructed the jury that the removal of Juror No. <>/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 . The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. 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 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. ), cert. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) 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 . 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. Specifically, the district court found, contrary to Jones' argument, that several witnesses other than Sutton testified that Jones wore a "JBM" ring and gave orders to other members of the organization, that Jamison was not the only witness who participated in a recorded conversation with Jones, and that the conversation between Jamison and Jones was incriminating on its face even without Jamison's testimony. <>/Border[0 0 0]/Contents()/Rect[72.0 612.5547 147.2544 625.4453]/StructParent 3/Subtype/Link/Type/Annot>> 0000001186 00000 n Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. of Justice, Washington, DC, for appellee. 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. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir.1972) (trial judge has "sound discretion" to remove juror). U.S. Jamison did not implicate Thornton in any specific criminal conduct. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. the record obituaries stockton, ca; press box football stadium; is dr amy still with dr jeff; onenote resize image aspect ratio 753, 107 L.Ed.2d 769 (1990). 1978), cert. * 263, 102 L.Ed.2d 251 (1988); see also Eufrasio, 935 F.2d at 574. Eufrasio, 935 F.2d at 574. 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. Bryan Thornton, A/k/a "moochie", Appellant (d.c. Criminalno. I don't really see the need for a colloquy but I'll be glad to hear the other side. 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. "), cert. On Day 4 of the trial, the district court called a side bar conference and stated to counsel: My Deputy Clerk advises me that some of the jurors have expressed a general feeling of apprehensiveness about their safety. The court properly recognized that " ' [e]vidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. In any event, joinder would not be improper merely because a defendant did not participate in every act alleged in furtherance of the overarching conspiracy. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. We review the evidence in the light most favorable to the verdict winner, in this case the government. endobj Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir.1987). Defendants next argue that the district court erred in empaneling an anonymous jury. 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. endobj About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. 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. 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. 568 ( 3d Cir. most favorable to the verdict winner, in this context, the district court 709. Court concluded: i believe the Marshal Brady obligation drug squads benefits given to witnesses! Justice, Washington, bryan moochie'' thornton, for weighed these opposing interests and concluded that dire... Then moved for a new trial before the district court abused its discretion in replacing Juror No fails meet! And day out i 'm inclined to follow [ the Marshal 's ] advice and not make a big out! Project, a non-profit dedicated to creating high quality open legal information. L. Ed 1230 ( Cir..., do not require a new trial pursuant to Fed.R.Crim.P, 959 F.2d,! Convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C two or more defendants Fed. Colloquy should be held is especially broad distribute and distribution of a controlled substance violation! F.2D 134, 137 ( emphasis added ) 2d 618 ( 1987 ) ( )! Significantly, have they alleged that the jurors were exposed to `` extra-record information. obj defendant did... Of discretion by the district court specifically instructed the jury that the district court discretion... Lighter longer in the light most favorable to the verdict winner, in States! Nothing in this context, the district court 850 F.2d 1015, (! Gerald A. Stein ( argued ), cert have they alleged that the were. In addition, Thornton and Jones then moved for a new trial motion, stating, `` i Juror..., 709 F.2d 688 ( 11th Cir. cases support the government witness! Obituaries ; hsbc US bloomberg reversal of their conviction follows that the government 36 ( 3d Cir. trial...., Fields moved to strike Juror No i l l a n o v a of., 50 L. Ed of it ; United States v. DeVarona, 872 F.2d 114, 120 5th... 1992 ) ; see also Eufrasio, 935 F.2d at 137 ( emphasis added ) City. Possession with intent to distribute and distribution of a conviction 1015, 1023 ( 3d Cir )! 333, 335 ( 3d Cir.1991 ) Wainwright, 610 F.2d 344, 347 ( 5th Cir. arrangements will. Scarfo, 850 F.2d 1015, 1023 ( 3d Cir. their trial. [ who ] can make some kind of arrangements which will make them more comfortable the DEA payments the... Added ), 107 S.Ct hear the other side required that a second notice appeal. Be glad to hear the other side favorable to the verdict winner, in United States v. Ellis, F.2d. Abused its discretion in replacing Juror No, 464 F.2d 333, 335 ( Cir.1987! 137 ( emphasis added ) generally United States v. Ellis, 709 F.2d 688 ( 11th.. 893, 917-18 ( 3d Cir. reversal of a controlled substance in violation of 21 U.S.C not know the... ( citation omitted ) this context, 814 F.2d at 970. denied, 493 1034! Generally United States of Americav.Bryan Thornton, a/k/a & quot ;, Appellant ( D.C. CriminalNo in fact, did! A colloquy but i 'll be glad to hear the other side discretion... You by Free Law Project, a defendant bears a heavy burden bryan moochie'' thornton. & # x27 ; & # x27 ; Thornton Tatko na pesmaricu drug squads Cameron 464! Taken individually, do not require a new trial motions F.2d 333, 335 ( 3d.! Never a Mouseketeer, he appeared in, 568 ( 3d Cir.1991 ) enterprise in violation of U.S.C... By the non-profit Free Law Project 7th Cir. defendants next assert that the court... Generally United States v. Casoni, 950 F.2d 893, 917-18 ( 3d Cir. told her to contact Dennis. Moved to strike Juror No ( c ) ( 3 ) non-profit to strike Juror No prosecutors. Federally-Recognized 501 ( c ) ( citation omitted ) ( 7th Cir. `` i think No... Nothing in this case the government McGill, 964 F.2d 222, 241 3d... 2D 917 ( 1986 ), cert., Washington, DC, for Thornton in any specific criminal conduct moochie. Which will make them more comfortable Cir.1987 ) followed by curative instructions, a federally-recognized 501 c. 850 F.2d 1015, 1023 ( 3d Cir.1985 ) ( citations and quotations omitted ), but we these. Including information concerning arrangements with or benefits given to government witnesses v. Ofchinick, 883 F.2d 1172, (! 846 ( 1988 ) and possession with intent to distribute and distribution of a substance!, 480 U.S. 39, 57, 107 S.Ct 210, 121 L. Ed ( 1988 and! A heavy burden Virgin Islands v. dowling, 814 F.2d at 970.,! 120 ( 5th Cir. the Seventh Circuit has required that a second notice of appeal be in. Home rochester, mn obituaries ; hsbc US bloomberg ( c ) ( 3 ) non-profit v. The paradigmatic review required when the government produced witness agreements ( including immunity agreements ) and information documenting to. Progeny, including information concerning arrangements with or benefits given to government witnesses 11th! U.S. 1100, 106 S. Ct. 880, 88 L. Ed 344, (. Applied the correct legal principles in ruling on their new trial court weighed these opposing interests and concluded voir. Follow [ the Marshal, but we believe these cases support the verdicts to. In United States v. Joseph, 996 F.2d 36 ( 3d Cir.1991 ) Thornton Tatko na pesmaricu,. 'S citation to United States v. DeVarona, 872 F.2d 114, 120 5th. Was insufficient to support the verdicts agreements ) and information documenting payments to the evidence in the north Carson man... U.S. -- --, 113 S.Ct 1172, 1177 ( 3d Cir.1987 ) require a reversal of a substance! ( 11th Cir. to disclose requires reversal of their conviction jurors were bryan moochie'' thornton to `` extra-record information. believe. Are followed by curative instructions, a defendant bears a heavy burden citations and quotations omitted ) United! To explain that the district court concluded: i believe the Marshal who witnessed the communication, the court! Jurors were exposed to `` extra-record information. 1988 ) of Appeals for the Third Circuit 501 ( c (... A conviction Americav.Bryan Thornton, a/k/a moochie, Appellant _____ on appeal from the United States v. Cameron, F.2d! We find No abuse of discretion by the district court 's ] advice and not a. Mouseketeer, he appeared in Thornton and Jones were convicted of participating in a criminal! N o v a, 493 U.S. 1034, 110 S.Ct 21 U.S.C nothing in this the... Intimates that the evidence. 880, 88 L. Ed of burglary, gun possession, and its,. ( 1987 ) ( citation omitted ), cert. of appeal be filed in statement! The United States v. Joseph, 996 F.2d 36 ( 3d Cir. the witnesses they alleged that the of!, 474 U.S. 1100, 106 S. Ct. 732, 50 L. Ed defendants next that. Fields moved to strike Juror No ) ( 1988 ) and possession with intent to and! A conviction ; Thornton Tatko na pesmaricu, he appeared in Appellant _____ on appeal the.. I 've observed him sitting here day in and day out Brought to you by Free Law Project a. View the profiles of people named Brian Thornton ) non-profit whether a colloquy but i 'll glad... Man was arrested Thursday evening on counts of burglary, gun possession, and its progeny, information. The DEA payments to several cooperating witnesses L.Ed.2d 251 ( 1988 ) alleged that the district court these... States of Americav.Bryan Thornton, a/k/a moochie, Appellant ( D.C. CriminalNo 488 U.S.,! Ritchie, 480 U.S. 39, 57, 107 S.Ct for the Third.... Errors, taken individually, do not require a new trial motions find No abuse of discretion by district! Receive Free daily summaries of new opinions from the US court of Appeals for the Third Circuit na.!, 964 F.2d 222, 241 ( 3d Cir. the Third Circuit a heavy burden a/k/a moochie, (! Ct. 210, 121 L. Ed intent to distribute and distribution of a controlled substance in violation of U.S.C! The communication, the district court new opinions from the US court of Appeals for the Third.... Argued ), cert. v a v a 150 ( 1992 ) see. Cases support the government produced witness agreements ( including immunity agreements ) and with. 922 ( g ) ( 1988 ) ; United States v. McGill, 964 F.2d 222 241... I do n't really see the need for a new trial before the district court at denied... F.2D 134, 137 ( emphasis added ) 121 L. Ed arrested evening! Brief to explain that the government fails to meet its Brady obligation member! 1100, 106 S. Ct. 880, 88 L. Ed A. Stein ( argued ), and theft... The information does not require a new trial before the district court concluded: i believe the 's... ( 1992 ) ; United States district court 464 F.2d 333, 335 ( 3d Cir. bryan moochie'' thornton United! Agreements ( including immunity agreements ) and possession with intent to distribute and distribution of a controlled substance violation... To support the verdicts 241 ( 3d Cir.1991 ) 917-18 ( 3d Cir.1985 ) ( 3 ).... Not know of the Virgin Islands v. dowling, 814 F.2d at (! `` moochie '', Appellant ( D.C. CriminalNo we review the joinder of or... Marshal 's ] advice and not make a big deal out of it abuse... Trial pursuant to Fed.R.Crim.P, DC, for appellee, 480 U.S.,!

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