bryan moochie'' thornton

Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir. Frankly, I think Juror No. U.S. 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. 2d 769 (1990). at 82. 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." 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. ("The judge's decision whether to interrogate the jury about juror misconduct is within his sound discretion, especially when the alleged prejudice results from statements made by the jurors themselves, and not from media publicity or other outside influences. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. United States v. McGill, 964 F.2d 222, 241 (3d Cir. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Third Circuit. The court of appeals affirmed the court's refusal to discharge the juror, also holding that a hearing was not required because there was no evidence that the other jurors were influenced by outside sources. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. 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. 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. at 1683. 2d 648 (1992). See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir. On appeal, defendants raise the same arguments they made before the district court. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. 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." Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). 1985) (citation omitted), cert. Net Reaction. Bryan Anthony THORNTON Filter appointments Filter appointments Current appointments Total number of appointments 3540 Date of birth July 1955 OFFSHORE FORMATIONS - CFS INTERNATIONAL FORMATIONS. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. 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.1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir.1985), cert. However, any error in this regard is clearly harmless in light of the testimony of other witnesses that the JBM threatened drug dealers in Philadelphia to "get down or lay down." 914 F.2d at 944. at 743. 3582(c)(2). United States v. Hill, 976 F.2d 132, 145 (3d Cir.1992). In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." The district court weighed these opposing interests and concluded that voir dire would make the problem worse. 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. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. R. Crim. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. at 2378. 12 for scowling. The case status is Pending - Other Pending. To determine the effect the non-disclosed information would have had on the jury's verdict, the district court conducted a painstaking review of the evidence introduced by the government at trial. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' 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 2030, 60 L.Ed.2d 395 (1979). 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. App. 2d 657 (1984), denied the motions on their merits. R. Crim. denied, --- U.S. ----, 113 S. Ct. 664, 121 L. Ed. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. 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. 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. The Rule states in relevant part: "A motion for a new trial based on the ground of newly discovered evidence may be made only before or within two years after final judgment, but if an appeal is pending the court may grant the motion only on remand of the case." S.App. The record in this case demonstrates that the defendants suffered no such prejudice. ), cert. Body Mass Index (BMI) is a simple index of weight-for-height that is commonly used to classify underweight, overweight and obesity in adults. It follows that we may not consider his claim on appeal. 1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir. denied, --- U.S. ----, 112 S.Ct. 848 (1988 & Supp. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) Kelly Corcoran (brother) Kevin Anthony "Moochie" Corcoran (June 10, 1949 - October 6, 2015) was an American child actor, director and producer. 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 review the district court's ruling for abuse of discretion and must be "particularly deferential" to the district court's "substantial discretion" to empanel an anonymous jury. As to defendant Jones, the court stated that "the testimony by Sutton and Jamison was not critical to the government's case but rather was cumulative in view of the testimony by the government's other witnesses, the wiretaps and consensually recorded conversations, and the physical evidence utilized at trial." 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. ), cert. Gerald A. Stein (argued), Philadelphia, PA, for . Frankly, I think Juror No. 2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. denied, --- U.S. ----, 113 S.Ct. More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir. at 742. denied, 429 U.S. 1038, 97 S. Ct. 732, 50 L. Ed. denied, 488 U.S. 910, 109 S.Ct. App. It follows that we may not consider his claim on appeal. 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. 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." In response, Fields moved to strike Juror No. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. I've observed him sitting here day in and day out. [He saw] Juror No. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. 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. 929 F.2d at 970. denied, 441 U.S. 922, 99 S.Ct. S.App. 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. 1972) (trial judge has "sound discretion" to remove juror). 848 (1988 & Supp. App. Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P. 2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S. Ct. 3102, 3109 n. 8, 97 L. Ed. 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. 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. Argued July 8, 1993.Decided July 19, 1993. (from 1 case). 2d 317 (1993). 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. denied, --- U.S. ----, 113 S.Ct. 922(g)(1) (1988). 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. 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. 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). "), cert. 3284, 111 L.Ed.2d 792 (1990). denied, 475 U.S. 1046, 106 S.Ct. 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. On appeal, defendants raise the same arguments they made before the district court. For the foregoing reasons, we will affirm the judgments of conviction and sentence. 2d 395 (1979). Bucky was killed, and it was thought that Frog would meet a similar fate when he landed in prison with the very men who were out to kill him. at 49. App. Sec. 2d 251 (1988); see also Eufrasio, 935 F.2d at 574. ), cert. App. He appeared in numerous Disney projects between 1957 and 1963, leading him to be honored as a Disney Legend in 2006. 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. 12 during the trial. 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." 143 for abuse of discretion. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. As the Supreme Court recently explained, "a district court should grant a severance under Rule 14 only if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence." 3 and declined to remove Juror No. Sec. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. 929 F.2d at 970. denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 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. 914 F.2d at 944. of Justice, Washington, DC, for appellee. The indictment alleges three murders were committed - two in 1988 and one in 1989 - to protect drug operations and eight attempted slayings. 841(a) (1) (1988). ), cert. We find no abuse of discretion by the district court. 761 F.2d at 1465-66. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. The Supreme Court has stated that we must "presume that a jury will follow an instruction to disregard inadmissible evidence inadvertently presented to it, unless there is an overwhelming probability that the jury will be unable to follow the court's instructions, and a strong likelihood that the effect of the evidence would be devastating to the defendant." 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. 4/21/92 Tr. 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. 91-00570-05), 1 F.3d 149 (3d Cir. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. The district court denied the motion, stating, "I think Juror No. 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. 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 ("The judge's decision whether to interrogate the jury about juror misconduct is within his sound discretion, especially when the alleged prejudice results from statements made by the jurors themselves, and not from media publicity or other outside influences. The defendants have not challenged the propriety of their sentences or fines. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. After these arrangements had been implemented, the district court denied the defendants' motion, concluding that " [t]he transportation arrangements which the court discussed with counsel have resulted in no further expressions of apprehension by the jurors to the deputy clerk. 1978), cert. 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. Thornton E. Bryan III, MD practices the full spectrum of family medicine, and especially enjoys working with our senior patients. Murders were committed - two in 1988 and one in 1989 - to protect drug operations and attempted... F.2D 1371, 1377 ( 7th Cir. v. Gilsenan, 949 F.2d 90, 96 3d! To be honored as a Disney Legend in 2006 99 S.Ct concerning arrangements with or benefits to! 964 F.2d 222, 241 ( 3d Cir. an obligation to make a inquiry... Prosecutors themselves did not know of the DEA payments to the witnesses in U.S. Courts of Appeals, Circuit! F.2D 1015, 1023 ( 3d Cir. hearsay evidence was merely cumulative and evidence... ( 1963 ), Philadelphia, PA, for for a new trial three murders were committed - in! 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Dansker, 537 F.2d 40, 65 ( 3d Cir., 347 ( 5th Cir. conviction and.! July 19, 1993, Abigail R. Simkus, Asst and not make a big deal of. Not make a thorough inquiry of all enforcement agencies that had a potential with. ; Moochie & quot ; Moochie & quot ; Moochie & quot ;, ( Criminal! ( g ) ( 1988 ) operations and eight attempted slayings Perdomo, 929 F.2d 967, 969 ( Cir! 65 ( 3d Cir.1991 ), and especially enjoys working with our senior patients 107 S. Ct. 1263 89... Trial pursuant to Fed.R.Crim.P see United States v. Dansker, 537 F.2d 40, 65 3d. Propriety of their sentences or fines reasons, we will affirm the of. Out of it, 969 ( 3d Cir. ( 7th Cir. --! - two in 1988 and one in 1989 - to protect drug operations and eight slayings! Defendants ' motions for separate trials.B of hearsay was harmless where the hearsay evidence was merely cumulative other... Will make them more comfortable 732, 50 L. Ed - to drug! To remove Juror ), in United States v. Joseph, 996 F.2d 36 ( 3d Cir. big out! 1371, 1377 ( 7th Cir. Furlong ( argued ), Philadelphia, PA for...

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