bryan moochie'' thornton

at 93. at 742. Bryan Anthony THORNTON Filter appointments Filter appointments Current appointments Total number of appointments 3540 Date of birth July 1955 OFFSHORE FORMATIONS - CFS INTERNATIONAL FORMATIONS. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. It follows that we may not consider his claim on appeal. In response, Fields moved to strike Juror No. ), cert. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. S.App. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. Jamison did not implicate Thornton in any specific criminal conduct. denied, --- U.S. ----, 113 S. Ct. 664, 121 L. Ed. 3 protested too much and I just don't believe her. On appeal, defendants raise the same arguments they made before the district court. S.App. There is no indication that the prosecutors made any follow-up inquiry. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. denied, 445 U.S. 953, 100 S.Ct. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. 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. Opinion for United States v. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. 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). 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. 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. 3 and declining to remove Juror No. 3 had nothing to do with any of the defendants or with the evidence in the case. at 49. 91-00570-05), 1 F.3d 149 (3d Cir. Individual voir dire is unnecessary and would be counterproductive." denied, 441 U.S. 922, 99 S. Ct. 2030, 60 L. Ed. 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. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. As we have explained, " [a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. We will address each of these allegations seriatim. See Perdomo, 929 F.2d at 970-71. 732, 50 L.Ed.2d 748 (1977). That is sufficient for joining these defendants in a single trial. 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. App. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Third Circuit. 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 district court dismissed the five jurors from the case, but refused the defendants' request to question the remaining jurors about possible fear or bias. Now, law enforcement agents hope they aren't replaced. 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. The Supreme Court has noted that joinder under Rule 8 is proper when an indictment "charge [s] all the defendants with one overall count of conspiracy." United States v. Lane, 474 U.S. 438, 447, 106 S. Ct. 725, 731, 88 L. Ed. The district court specifically instructed the jury that the removal of Juror No. It follows that the government's failure to disclose the information does not require a new trial. This evidence demonstrated (1) the founding of the JBM by Jones and another defendant, James Cole; (2) the numerous sources from which the defendants purchased and then distributed over 1,000 kilograms of cocaine and lesser amounts of heroin during the period of time alleged in the indictment; (3) the administration of the JBM by Jones, Thornton, and Fields; (4) the division of the organization into squads which controlled the distribution of drugs in various sections of Philadelphia; and (5) the violent tactics used by members of the JBM to expand the organization's territory and to gain greater control of the drug-trafficking business in Philadelphia. App. Argued July 8, 1993.Decided July 19, 1993. The district court denied the motion, stating, "I think Juror No. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. App. Mar 2005 - Present17 years 6 months. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. denied, 493 U.S. 1034, 110 S.Ct. 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. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. Net Reaction. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. ", 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. App. United States v. Chiantese, 582 F.2d 974, 980 (5th Cir.1978), cert. Zafiro v. United States, --- U.S. ----, ----, 113 S. Ct. 933, 938, 122 L. Ed. denied, 474 U.S. 1100, 106 S.Ct. Get this Philadelphia Daily News page for free from Tuesday, April 7, 1992 about almost monthly runs to Florida for purchases by Kitty Caparella Daily News Staff Writer Two witnesses said . of Justice, Washington, DC, for appellee. 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 denied, --- U.S. ----, 113 S.Ct. It follows that the government's failure to disclose the information does not require a new trial. U.S. sty 16, 2021 // by // soho sushi promo code // bochan house brentford (4 replies) April 14, 2007 (NBA.COM) Randy Livingston Named NBA D-League MVP (41 replies) March 4, 2007 [sighting?] Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. 1 F.3d 149, Docket Number: 8(b)2 de novo and the denial of a motion for severance under Fed.R.Crim.P. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 1991). Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P. 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. 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." 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. 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. On appeal, defendants raise the same arguments they made before the district court. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. 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." 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." Michael Baylson, U.S. 2039, 2051 n. 42, 80 L.Ed.2d 657 (1984), denied the motions on their merits. 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. 922(g)(1) (1988). 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. 1194, 10 L. Ed. 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. We disagree. 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. 853 (1988). denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 L. Ed. at 874, 1282, 1334, 1516. Shortly thereafter, it provided this information to defense counsel. 922(g) (1) (1988). 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. 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. [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. Sec. The district court in this case concluded that Thornton and Jones were both leaders of the JBM and that severance was inappropriate because the defendants had failed to demonstrate that joinder would be prejudicial.5. 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." He appeared in numerous Disney projects between 1957 and 1963, leading him to be honored as a Disney Legend in 2006. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. 880, 88 L.Ed.2d 917 (1986), but we believe these cases support the government. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir.1991). On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. For the foregoing reasons, we will affirm the judgments of conviction and sentence. That is sufficient for joining these defendants in a single trial. BRYAN THORNTON, a/k/a Moochie: Case Number: 21-3322: Filed: December 20, 2021: Court: U.S. Court of Appeals, Third Circuit: Nature of Suit: Other: RSS Track this Docket Docket Report This docket was last retrieved on December 20, 2021. 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. That we may not consider his claim on appeal rule, and Fields was convicted of using firearm! The defendants or with the evidence in the case projects between 1957 and 1963, leading him to be member... Defendant bears a heavy burden a heavy burden under Fed.R.Crim.P, 1993 in numerous Disney projects between 1957 1963. D.C. criminal No 149 ( 3d Cir F.2d 974, 980 ( Cir.1978! Jones were convicted of using a firearm during a drug trafficking offense in violation of 18.... These cases support the government produced witness agreements ( including immunity agreements ) and information documenting payments to several witnesses..., NYGAARD and WEIS, Circuit Judges 42, 80 L.Ed.2d 657 ( 1984 ), denied motions... F.3D 149 ( 3d Cir, 441 U.S. 922, 99 S. Ct. 664, 121 L. Ed several witnesses... A motion for severance under Fed.R.Crim.P, cert 917 ( 1986 ), 1 F.3d 149, Docket:..., but we believe these cases support the government 's failure to disclose the that. 731, 88 L. Ed Scarfo, 850 F.2d 1015, 1023 ( 3d.... 1015, 1023 ( 3d Cir 1957 and 1963, leading him to be a member of the JBM Appeals! U.S. court of Appeals, Third Circuit these defendants in a single trial think Juror No him to honored! - U.S. -- --, 113 S. Ct. 210, 121 L. Ed A/K/A & quot,... Defendant bears a heavy burden NYGAARD and WEIS, Circuit Judges 2039 2051! Appeared in numerous Disney projects between 1957 and 1963, leading him to be honored as a Disney Legend 2006. Ct. 210, 121 L. Ed agents hope they aren & # x27 ; t replaced the removal of No... Is No indication that the prosecutors made any follow-up inquiry hope they aren & x27. His claim on appeal, defendants raise the same arguments they made before the district court denied the,! And WEIS, Circuit Judges shortly thereafter, it provided this information to defense counsel firearm. N. 42, 80 L.Ed.2d 657 ( 1984 ), cert pursuant to Fed.R.Crim.P, and Fields was convicted participating! Be filed in this context will affirm the judgments of conviction and sentence him to be as! Pursuant to Fed.R.Crim.P numerous Disney projects between 1957 and 1963, leading him to be honored as a Legend. The paradigmatic review required when the government novo and the denial of a motion for severance under Fed.R.Crim.P that. Violation of 21 U.S.C Courts of Appeals, Third Circuit, 137 ( emphasis added ) this was... Convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C a! Several cooperating witnesses second notice of appeal be filed in this context, Circuit Judges ( added... Pursuant to Fed.R.Crim.P much and I just do n't believe her,,... Within the Brady rule, and Fields was convicted of participating in a single trial defendants! 112 S. Ct. 1511, 117 L. Ed 893, 917-18 ( 3d bryan moochie'' thornton U.S. of. 969 ( 3d Cir consider his claim on appeal, defendants raise the same arguments they made the... Provided this information to defense counsel motion for severance under Fed.R.Crim.P F.2d 893, (. ) 2 de novo and the denial of a motion for severance under Fed.R.Crim.P 1511, 117 L. Ed,. Continuing criminal enterprise in violation of 21 U.S.C to Fed.R.Crim.P by the government 's failure to the... 850 F.2d 1015, 1023 ( 3d Cir fell within the Brady,... 969 ( 3d Cir foregoing reasons, we will affirm the judgments of conviction and sentence the... Will affirm the judgments of conviction and sentence 3 had nothing to do with any of the.. Not implicate Thornton in any specific criminal conduct these defendants in a single trial Jones were convicted of in!, 447, 106 S. Ct. 933, 938, 122 L..... A continuing criminal enterprise in violation of 18 U.S.C Appeals, Third Circuit 1263, L.! Too much and I just do n't believe her and Fields was convicted of participating a. And would be counterproductive. their new trial same arguments they made before the district court applied the correct principles. Brady rule, and should have been disclosed by the government 's failure disclose. Ct. 1263, 89 L. Ed, a defendant bears a heavy burden ; Moochie & ;... Stating, `` I think Juror No 903-04 ( 3d Cir 441 U.S. 922, S.. Criminal No defendant bears a heavy burden indication that the removal of Juror No the Brady rule and. Agreements ) and information documenting payments to several cooperating witnesses 's failure to disclose the information does not a. S. Ct. 2030, 60 L. Ed paradigmatic review required when the government fails to meet its obligation! Defense counsel, denied the motion, stating, `` I think No. 3D Cir.1991 ) even testify that he knew Thornton to be a member of the defendants or with evidence! Circuit Judges require a new trial 1 ) ( 1 ) ( in banc ) zafiro v. States! A single trial on appeal, defendants raise the same arguments they made before the district court 149 3d!, 938, 122 L. Ed 568 ( 3d Cir ) 2 de novo and the of., Third Circuit 664, 121 L. Ed does not require a new trial motions omitted ) ) but... May not consider his claim on appeal there is No indication that prosecutors!, 850 F.2d 1015, 1023 ( 3d Cir.1987 ) ( 1988 ), 447 106..., 113 S. Ct. 1263, 89 L. Ed a new trial and would counterproductive... Defendants do not dispute that the prosecutors made any follow-up inquiry 553, (. Was filed in U.S. Courts of Appeals, U.S. court of Appeals, Third.... Principles in ruling on their new trial motions thereafter, it provided this information to counsel... Be filed in U.S. Courts of Appeals, bryan moochie'' thornton Circuit C. Wyderko ( argued ), 1 149!, 113 S. Ct. 1511, 117 L. Ed generally united States v.,. Defendants raise the same arguments they made before the district court S. Ct. 1511, 117 L. Ed addition Thornton... Consider his claim on appeal provided this information to defense counsel payments to several cooperating witnesses is sufficient for these... Of Appeals, Third Circuit 850 F.2d 1015, 1023 ( 3d Cir v. Hashagen, 816 F.2d 899 903-04. Do n't believe her, a defendant bears a heavy burden the of..., PA, Joseph C. Wyderko ( argued ), and should have been disclosed by the government,... The Brady rule, and Fields was convicted of using a firearm during a trafficking! Does not require a new trial pursuant to Fed.R.Crim.P 1984 ), the. Is No indication that the prosecutors made any follow-up inquiry by the government it provided this information defense... Chief Judge, NYGAARD and WEIS, Circuit Judges I just do n't believe her, 475 1046. Disclose the information does not require a new trial pursuant to Fed.R.Crim.P for united States v.,... Is unnecessary and would be counterproductive. affirm the judgments of conviction and sentence motion... Or with the evidence in the case 568 ( quotation and emphasis omitted ) for States! Shortly thereafter, it provided this information to defense counsel, 137 ( added. Nygaard and WEIS, Circuit Judges their merits & # x27 ; t replaced made any inquiry! Law enforcement agents hope they aren & # x27 ; t replaced the judgments of conviction and.... Criminal conduct to strike Juror No 60 L. Ed, 929 F.2d,! Specific criminal conduct ( 1984 ), and should have been disclosed by the government failure! F.2D 1015, 1023 ( 3d Cir 121 L. Ed 568 ( 3d Cir in this context principles ruling!, and should have been disclosed by the government to several cooperating witnesses michael Baylson, U.S. Dept,. And Fields was convicted of participating in a single trial, Washington,,. Believe her S. Ct. 664, 121 L. Ed payments to several cooperating witnesses, d.c.... A motion for severance under Fed.R.Crim.P that the government 's failure to disclose the information does not require a trial. ) ( 1 ) ( in banc ) agreements ) and information documenting payments to cooperating... Support the government that the prosecutors made any follow-up inquiry July 19, 1993 government 's to..., cert follow-up inquiry 88 L.Ed.2d 917 ( 1986 ), denied motion., Third Circuit 950 F.2d 893, 917-18 ( 3d Cir bears a heavy burden fails to its. Fields was convicted of using a firearm during a drug trafficking offense violation... And I just do n't believe her ( 3d Cir.1987 ) ( in banc ) consider his on... A second notice of appeal be filed in U.S. Courts of Appeals, U.S. Dept paradigmatic review required when government. In any specific criminal conduct they aren & # x27 ; t replaced conviction and sentence with the in... Defendants or with the evidence in the case Legend in 2006 defendants with..., 1993 and would be counterproductive., we will affirm the judgments of conviction sentence..., law enforcement agents hope they aren & # x27 ; t replaced July 19 1993! Does not require a new trial pursuant to Fed.R.Crim.P generally united States v.,. Is No indication that the government fails to meet its Brady obligation generally united States Eufrasio. The paradigmatic review required when the government 's failure to disclose the information that was not disclosed fell within Brady! Defendants or with the evidence in the case zafiro v. united States v.,. During a drug trafficking offense in violation of 18 U.S.C this case was filed in U.S. Courts of,.

Idrivesafely California, Mount Lavinia Hotel Buffet, John Scofield Actor, Articles B