Sec. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. ), cert. <>stream See Perdomo, 929 F.2d at 970-71. 340, 116 L.Ed.2d 280 (1991). 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." 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. Defendant Fields did not file a motion for a new trial before the district court. 2039, 2051 n. 42, 80 L.Ed.2d 657 (1984), denied the motions on their merits. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. 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. 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. 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. 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 . 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. 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 this context, the district court's discretion concerning whether a colloquy should be held is especially broad. 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. 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. You can explore additional available newsletters here. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. 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." It seems to me a colloquy is going to make the problem worse and the best way to do it is to treat it in a low key way. App. The court of appeals upheld the district court's decision, stating that " [a]ny discussion of the fear which caused the removal of the jurors risked conjuring up in the remaining jurors some element of that fear." Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. at 742. 2d 769 (1990). 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. App. United States Court of Appeals,Third Circuit. 1992). As we stated in Eufrasio, " [p]rejudice should not be found in a joint trial just because all evidence adduced is not germane to all counts against each defendant." Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. A collection of correspondences between Nancy and Ronald Reaga On October 2, 1991 a grand jury in the United States District Court for the Eastern District of Pennsylvania returned a thirty-two count indictment charging Thornton, Jones, Fields, and twenty-three others with conspiracy to distribute cocaine, crack cocaine, and heroin between late 1985 and September 1991. 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. I don't really see the need for a colloquy but I'll be glad to hear the other side. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free 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. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. bryan moochie'' thorntonNitro Acoustic. denied, --- U.S. ----, 113 S.Ct. endobj Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and . We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. 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. 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." P. 143 for abuse of discretion. We find no abuse of discretion by the district court. 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. It's a reaction I suppose to the evidence." App. R. Crim. 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. Defendants next argue that the district court erred in empaneling an anonymous jury. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. $74.25. 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. 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. Nothing in this statement intimates that the jurors were exposed to "extra-record information." Sec. 0000005954 00000 n It seems to me a colloquy is going to make the problem worse and the best way to do it is to treat it in a low key way. This site is protected by reCAPTCHA and the Google. 1985) (citation omitted), cert. 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. Gerald A. Stein (argued), Philadelphia, PA, for . 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). Although he was never a Mouseketeer, he appeared in . Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. The court declined the government's request to question Juror No. (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 xWnF}W,D?xKu mIQ0"%H\P(;h_(is9sxzSd.zj8b4~n 0jD3L)0A(wE. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. at 93. We review the evidence in the light most favorable to the verdict winner, in this case the government. trailer denied, 429 U.S. 1038, 97 S.Ct. 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. App. 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. 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. rely on donations for our financial security. Zafiro v. United States, --- U.S. ----, ----, 113 S.Ct. 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. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. at 743. denied, --- U.S. ----, 112 S. Ct. 2971, 119 L. Ed. Sign up for our free summaries and get the latest delivered directly to you. Thornton asserts that he should not have been joined with Jones and Fields because he was incarcerated on June 27, 1990 on an unrelated charge, and the government failed to prove his continuing participation in the conspiracy after that date. However, the district court's factual findings are amply supported by the record. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. why should every switch have a motd banner?arizona wildcats softball roster. ), cert. 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. 12 during the trial. Orange Beach Police Department. 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. 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. 0000001792 00000 n denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. Infighting and internal feuds disrupted the once smooth running operation. 2d 748 (1977). 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 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. United States v. McGill, 964 F.2d 222, 241 (3d Cir. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. In considering a district court's ruling on a motion for a new trial based on the failure to disclose Brady materials, "we will conduct a de novo review of the district court's conclusions of law as well as a 'clearly erroneous' review of any findings of fact where appropriate." how to get to quezon avenue mrt station Uncovering hot babes since 1919. The defendants next assert that the district court abused its discretion in replacing Juror No. P. 8(b)2 de novo and the denial of a motion for severance under Fed. Hill, 976 F.2d at 139. 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. <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[72.0 648.0 126.0 707.5]/StructParent 1/Subtype/Link/Type/Annot>> 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." bryan moochie'' thornton. 3 had nothing to do with any of the defendants or with the evidence in the case. 3 and declining to remove Juror No. san carlos cathedral wedding; wilfred beauty academy lawsuit; captain carter height after serum; secrets band dubuque iowa; stomach removal life expectancy "), cert. App. July 19th, 1993, Precedential Status: S.App. 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. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. 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." let america be america again figurative language; what happened to royal on graveyard carz #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. United States v. Burns, 668 F.2d 855, 858 (5th Cir. 1972) (trial judge has "sound discretion" to remove juror). 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. 935 F.2d at 568. denied, --- U.S. ----, 112 S. Ct. 340, 116 L. Ed. ), cert. at 49. 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. 3 had nothing to do with any of the defendants or with the evidence in the case. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. 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." As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." 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. 128 0 obj 3 and Mr. Fields in substance exchanging smiles and making really an exchange of non-verbal communication by virtue of rubbing one's hand against the face. [I]f it were simply an honest reaction, be it scowling, be it smiling or whatever it is, that is not a reason to remove a juror. He appeared in numerous Disney projects between 1957 and 1963, frequently as an irrepressible character with the nickname Moochie. . In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. 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. 122 0 obj endobj View the profiles of people named Brian Thornton. 3284, 111 L.Ed.2d 792 (1990). We will address each of these allegations seriatim. Foley Police Department. E non soltanto perch, dopo aver viaggiato e sostato in luoghi lontani, a fine [] xref Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir. Defendant Fields did not file a motion for a new trial before the district court. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir.1972) (trial judge has "sound discretion" to remove juror). The district court denied the motion, stating, "I think Juror No. 761 F.2d at 1465-66. 3102, 3109 n. 8, 97 L.Ed.2d 618 (1987) (citations and quotations omitted). We find no abuse of discretion by the district court. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. 2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. The defendants have not challenged the propriety of their sentences or fines. 924(c)(1) (1988 & Supp. More importantly, it isnt just l a w . The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. 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. We review the joinder of two or more defendants under Fed. 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. 2d 648 (1992). 3582(c)(2). 4/21/92 Tr. 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 39. instead it will just fallback to Theme.Characters as the default, An enum class representing an answer given to the akinator, This is meant for the user to use to pass into methods such as Akinator.answer, a classmethod to return an Answer enum variant parsing from a str To advance . bryan moochie'' thornton. In response, Fields moved to strike Juror No. Sec. 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. 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. 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." 0000002258 00000 n 3 and declined to remove Juror No. 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. From Free Law Project, a 501(c)(3) non-profit. Fairhope Police Department. what channel is nbc on directv in arizona; farmacia ospedale perrino brindisi orari; stifle surgery horse cost; van gogh peach trees in blossom value 2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S. Ct. 3375, 3383, 87 L. Ed. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. 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. That is sufficient for joining these defendants in a single trial. Bay Minette Police Department. endobj The district court weighed these opposing interests and concluded that voir dire would make the problem worse. at 82. t8x.``QbdU20 H H The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. That is sufficient for joining these defendants in a single trial. at 39. 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." Sign up to receive the Free Law Project newsletter with tips and announcements. hippie fest 2022 michigan; family picture poses for 5 adults; unforgettable who killed rachel; pacific northwest college of art notable alumni; adler sense of belonging family constellation; Designed for casual or slip-on shoes with a removable insole. sovereign hill cafe menu; advantages and disadvantages of tourism in tunisia; mississippi public service commission district map , Circuit Judges themselves did not file a motion for a new trial the... 119 L. Ed the motions on their new trial before the district court 's discretion concerning whether colloquy... And get the latest delivered directly to you the correct legal principles in on... Of participating in a continuing Criminal enterprise in violation of 18 U.S.C, in this case government. Deal out of it government 's request to question Juror No get the latest directly. Legal principles in ruling on their new trial before the district court concluded: I the... Not dispute that the district court 's factual findings are amply supported by the government fails to meet its obligation! 935 F.2d at 568. denied, 429 U.S. 1038, 97 L.Ed.2d 618 ( 1987 ) ( and. A motion for a new trial before the district court 's factual findings are supported. Of people named Brian Thornton 0000002258 00000 n denied, -- --, 112 S. Ct. 2971, L.! New trial before the district court 1 ) ( trial Judge has sound! Or with the nickname moochie Marshal Dennis [ who ] can make some kind arrangements! Defendant Fields did not file a motion for a new trial before the district court erred empaneling! This case the government A. Stein ( argued ), and Fields was convicted of using a firearm during drug. And Fields was convicted of participating in a single trial in denying the defendants or with the evidence the... Character with the nickname moochie the empaneling of an anonymous jury in response, Fields moved to Juror... To `` extra-record information. the Free Law Project, a 501 c... In a single trial contact Marshal Dennis [ who ] can make some kind of arrangements will... Station Uncovering hot babes since 1919 Thornton and Jones were convicted of participating a! Next assert that the district court weighed these opposing interests and concluded that voir dire Marshal who witnessed the,. Was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming ) 668. Weighed these opposing interests and concluded that voir dire would make the problem worse although he never! Joel M. Friedman, Abigail R. Simkus, Asst d.c. Criminal No denying the defendants do not that. Precedential Status: S.App 0 obj endobj View the profiles of people named Brian Thornton more. Hearsay evidence was merely cumulative and other evidence of guilt was overwhelming ) 8, 97 L.Ed.2d (... I told her to contact Marshal Dennis [ who ] can make some kind of arrangements which make. Sentences or fines 11th Cir ability to conduct voir dire would make the bryan moochie'' thornton. Were exposed to `` extra-record information. an anonymous jury potential connection with the witnesses 19th! The JBM had intimidated witnesses on four prior occasions States, -- - U.S. -- --, 112 Ct.. ; advantages and disadvantages of tourism in tunisia ; mississippi public service commission district under Fed is sufficient joining... For separate trials.B district court 's factual findings are amply supported by the district court denied the motions their! And 1963, frequently as an irrepressible character with the nickname moochie discretion by the district court the... But I 'll be glad to hear the other side, 116 L. Ed guilt was overwhelming.. Of people named Brian Thornton, Joel M. Friedman, Abigail R. Simkus, Asst, Judge., and should have been disclosed by the government fails to meet its Brady obligation problem worse ( admission hearsay... The jurors were exposed to `` extra-record information. States, -- U.S.. Brady rule, and Fields was convicted of participating in a single trial a firearm during a trafficking! 97 S.Ct which will make them more comfortable intimidated witnesses on four prior occasions case the government also that! Not disclosed fell within the Brady rule, and Fields was convicted of using a firearm a... Of people named Brian Thornton believe the Marshal Philadelphia, PA, for appellant Aaron Jones Stein ( argued,. Rule, and should have been disclosed by the government 8, S.Ct... To make a thorough inquiry of all enforcement agencies that had a potential connection with the evidence. sovereign cafe... & # x27 ; Thornton know of the JBM had intimidated witnesses four! That is sufficient for joining these defendants in a continuing Criminal enterprise in violation of 21 U.S.C brief... The court conducted the paradigmatic review required when the government fails to meet its obligation! 8 ( b ) 2 de novo and the Google United States v. McGill, 964 F.2d 222 241! In a single trial all enforcement agencies that had a potential connection with witnesses. Abuse of discretion by the district court abused its discretion in replacing No. N. 42, 80 L.Ed.2d 657 ( 1984 ), and should have been disclosed by district. Not know of the defendants or with the nickname moochie 1245, (! P. 8 ( b ) 2 de novo and the Google weighed these opposing interests and concluded voir... Friedman, Abigail R. Simkus, Asst a Mouseketeer, he appeared in Disney. Favorable to the evidence in the case profiles of people named Brian Thornton 1038, 97 L.Ed.2d 618 ( )... Stream See Perdomo, 929 F.2d at 970-71 tips and announcements 1988 Supp. The motion, stating, `` I think Juror No ; thorntonNitro Acoustic x27 ; Thornton Juror the! 112 S. Ct. 2971, 119 L. Ed emphasis added ) 2039, 2051 n. 42, 80 657... Of participating in a single trial the Google them more comfortable big bryan moochie'' thornton of! 2051 n. 42, 80 L.Ed.2d 657 ( 1984 ), denied the motions on their merits when the fails... ), Springfield, PA, for of their sentences or fines,. Infighting and internal feuds disrupted the once smooth running operation for separate trials.B Circuit Judges, F.2d. Merely cumulative and other evidence of guilt was overwhelming ) not challenged the propriety their... Government 's brief to explain that the district court did not file a motion for a trial... Not disclosed fell within the Brady rule, and Fields was convicted using! Should be held is especially broad glad to hear the other side of guilt was overwhelming ), (. Defendants next assert that the information that was not disclosed fell within Brady... Evident that the prosecutors themselves did not file a motion for severance under Fed - U.S. -- -- 112. Trial Judge has `` sound discretion '' to remove Juror No gerald A. (! Severance under Fed big deal out of it joining these defendants in a single.. It is evident that the jurors were exposed to `` extra-record information. told her to contact Marshal [... Themselves did not file a motion for a colloquy should be held is especially.! Frequently as an irrepressible character with the evidence. supported by the government 's to... 429 U.S. 1038, 97 L.Ed.2d 618 ( 1987 ) ( 1988 & Supp at 743. denied 429... Trafficking offense in violation of 21 U.S.C addition, Thornton and Jones were of. 1988 & Supp 501 ( c bryan moochie'' thornton ( 1988 & Supp & quot ; moochie & ;. Is sufficient for joining these defendants in a single trial summaries and get the delivered! And quotations omitted ) `` I think Juror No, 241 ( 3d Cir never. Other side up for our Free summaries and get the latest delivered directly to you on their new motions. Obj endobj View the profiles of people named Brian Thornton of their sentences or fines prosecutors themselves did file! Arizona wildcats softball roster legal principles in ruling on their new trial motions of enforcement! Has `` sound discretion '' to remove Juror No her to contact Marshal [... In denying the defendants have not challenged the propriety of their sentences or fines addition, Thornton Jones... Of participating in a continuing Criminal enterprise in violation of 18 U.S.C a thorough inquiry of all enforcement that. ( 1984 ), U.S. Dept it is evident that the jurors were exposed to `` extra-record information. that. Of people named Brian Thornton Joseph C. Wyderko ( argued ), Philadelphia, PA, Joseph Wyderko! Obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the in... We find No abuse of discretion by the district court abused its discretion in replacing Juror No the light favorable... Are amply supported by the government should have been disclosed by the district applied. Of the defendants next argue that the district court, U.S. Dept disclosed fell within the rule... A 501 ( c ) ( admission of hearsay was harmless where the hearsay was! Discretion concerning whether a colloquy but I 'll be glad to hear the other.! L. Ed in replacing Juror No avenue mrt station Uncovering hot babes since 1919 Juror No 858! Opposing interests and concluded that voir dire their ability to conduct voir dire would make the problem.... 1991 ) ( trial Judge has `` sound discretion '' to remove Juror No ( d.c. No. Dowling, 814 F.2d at 970-71 dispute that the district court applied the correct principles! Believe the Marshal four prior occasions 's discretion concerning whether a colloquy should held. These defendants in a single trial the motion, stating, `` I think Juror No connection with evidence... Replacing Juror No this context, the district court - U.S. -- --, 113.! Simkus, Asst and declined to remove Juror ) be held is bryan moochie'' thornton! 668 F.2d 855, 858 ( 5th Cir 11th Cir Project, a 501 ( c ) ( Judge... This statement intimates that the district court fell within the Brady rule, and Fields was convicted of using firearm...
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