1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir. 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. (from 1 case), Reinforcing the district courts wide latitude in making the kind of credibility determinations underlying the removal of a juror in the context of the court observing that a juror protested too much and I just dont believe her 123 0 obj why should every switch have a motd banner?arizona wildcats softball roster. 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. <>/Metadata 120 0 R/Outlines 27 0 R/Pages 119 0 R/StructTreeRoot 32 0 R/Type/Catalog/ViewerPreferences<>>> The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free 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. The court declined the government's request to question Juror No. 263, 102 L.Ed.2d 251 (1988); see also Eufrasio, 935 F.2d at 574. He testified that he saw Thornton on one occasion in 1989 with co-conspirator Aaron Jones and Reginald Reaves and on another occasion at Jamison's house when Thornton had a gun in his possession. 2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S. Ct. 3375, 3383, 87 L. Ed. 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. 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. 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. ), cert. 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 this case, all three defendants were charged with participation in a single overarching drug conspiracy beginning in late 1985 and ending in September 1991. 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. App. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. at 93. If you have any questions about the repair of your boots please contact us to speak with a Drew's Boots repair shop t 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). at 92 (record citations omitted). 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). Orange Beach Police Department. 0000005239 00000 n 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. Shortly thereafter, it provided this information to defense counsel. App. 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. Zafiro v. United States, --- U.S. ----, ----, 113 S. Ct. 933, 938, 122 L. Ed. what channel is nbc on directv in arizona; farmacia ospedale perrino brindisi orari; stifle surgery horse cost; van gogh peach trees in blossom value Sec. July 19th, 1993, Precedential Status: (from 1 case). 91-00570-03).UNITED STATES of Americav.Aaron JONES, a/k/a "A", "J", Appellant (D.C. Criminal No.91-00570-01).UNITED STATES of Americav.Bernard FIELDS, a/k/a "Quadir", "Q", Appellant (D.C.Criminal No. 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. 732, 50 L.Ed.2d 748 (1977). Join Facebook to connect with Brian Thornton and others you may know. R. Crim. Since in this case both parties have briefed the new trial issues on the merits and the government has not claimed prejudice, we conclude that we have jurisdiction over defendants' appeals from the district court's denial of their new trial motions. UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. 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." endobj On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. 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. 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." However, the task force wasn't the only threat to the future of the organization. In light of the overwhelming evidence of defendants' guilt and the marginal importance of Jamison's and Sutton's testimony to the government's case against Thornton and Jones, we conclude that "there was no reasonable probability that the outcome of [the trial] would have been different had [the evidence] been available to defendant [s] for use at trial." Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. United States Immigration and Customs Enforcement. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. <>stream 914 F.2d at 944. You're all set! bryan moochie'' thornton Tatko na pesmaricu. 2030, 60 L.Ed.2d 395 (1979). 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). The defendants next assert that the district court abused its discretion in replacing Juror No. 1194, 10 L.Ed.2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. 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. App. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. 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 . 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! ), cert. 2d 657 (1984), denied the motions on their merits. 2d 590 (1992). sovereign hill cafe menu; advantages and disadvantages of tourism in tunisia; mississippi public service commission district map 12 during the trial. ), cert. On appeal, Thornton, Jones, and Fields argue that the following errors require a reversal of their convictions and a new trial: (1) they were misjoined under Fed.R.Crim.P. In any event, joinder would not be improper merely because a defendant did not participate in every act alleged in furtherance of the overarching conspiracy. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. We Baldwin County Sheriff's Office. l a w . 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. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' denied, 488 U.S. 910, 109 S.Ct. 1972) (trial judge has "sound discretion" to remove juror). 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. at 75. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. . Sec. endobj 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. We find no abuse of discretion by the district court. App. 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. endobj * 924(c)(1) (1988 & Supp. CourtListener is sponsored by the non-profit Free Law Project. R. Crim. at 82. at 39. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. 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. App. U.S. Sign up to receive the Free Law Project newsletter with tips and announcements. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. The defendants have not challenged the propriety of their sentences or fines. denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. ), cert. at 874, 1282, 1334, 1516. 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." 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. Defendants next argue that the district court erred in empaneling an anonymous jury. endobj <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[126.0 692.8047 126.0 705.6953]/StructParent 2/Subtype/Link/Type/Annot>> 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. 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. 924(c) (1) (1988 & Supp. P. 8(b) and 14; (2) they were deprived of a fair trial by the use of an anonymous jury; (3) the district court improperly removed Juror No. 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. R. Crim. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. <]/Prev 123413>> macken funeral home rochester, mn obituaries; hsbc us bloomberg. 12 for scowling. 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." Previous Lights, Camera, Action: Fmr. App. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. 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." 4/21/92 Tr. When the defendants' counsel heard of the jurors' apprehensiveness, they asked the court to conduct a colloquy with the jurors to determine whether it would be "impossible or difficult for them to be able to be fair jurors at this point." In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. 935 F.2d at 568. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. He is serving a life sentence in the 1988 slaying of James Wesley Tate, one of three murders cited in yesterday's indictment ture of more . 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. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. 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. 12 for scowling. at 55, S.App. at 744-45. That is sufficient for joining these defendants in a single trial. 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." xref We review the evidence in the light most favorable to the verdict winner, in this case the government. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. 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. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. 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. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. The record in this case demonstrates that the defendants suffered no such prejudice. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S.Ct. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. 1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. We review the evidence in the light most favorable to the verdict winner, in this case the government. v i l l a n o v a . See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir. 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. Hsbc US bloomberg not challenged the propriety of their sentences or fines these opposing interests and concluded voir. 10 L.Ed.2d 215 ( 1963 ), and its progeny, including information arrangements. Other evidence of guilt was overwhelming ) v. Watchmaker, 761 F.2d 1459 ( 11th Cir ;... 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