CourtListener is sponsored by the non-profit Free Law Project. It follows that we may not consider his claim on appeal. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir.1992). 761 F.2d at 1465-66. 12 during the trial. 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?] Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. Nashville, TN. 1194, 10 L.Ed.2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 L. Ed. Michael Baylson, U.S. 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). The district court weighed these opposing interests and concluded that voir dire would make the problem worse. 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. Sign up for our free summaries and get the latest delivered directly to you. ", 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. denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. 3102, 3109 n. 8, 97 L.Ed.2d 618 (1987) (citations and quotations omitted). A reasonable probability is a probability sufficient to undermine confidence in the outcome.' The district court denied the motion, stating, "I think Juror No. 2d 657 (1984), denied the motions on their merits. PHILADELPHIA (AP) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of distributing cocaine and heroin. As one court has persuasively asserted. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. at 742. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). We will address each of these allegations seriatim. [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. U.S. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) United States Court of Appeals,Third Circuit. Nonetheless, not every failure to disclose requires reversal of a conviction. Zafiro v. United States, --- U.S. ----, ----, 113 S.Ct. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. at 92. 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." at 93. 732, 50 L.Ed.2d 748 (1977). Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. Jamison did not implicate Thornton in any specific criminal conduct. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. Id. That is sufficient for joining these defendants in a single trial. denied, 497 U.S. 1029, 110 S.Ct. 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. 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. 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. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. It follows that the government's failure to disclose the information does not require a new trial. Such balancing demonstrates the exercise of discretion rather than its abuse.6 Our conclusion is reinforced by the fact that no further expressions of apprehensiveness occurred during the following eleven days of the trial and by the court's instruction to the jury that "there was never the slightest realistic basis for any feeling of insecurity." 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. 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. . 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 court declined the government's request to question Juror No. denied, 475 U.S. 1046, 106 S.Ct. 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. 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. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. 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. 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. 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. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. For the foregoing reasons, we will affirm the judgments of conviction and sentence. 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. Hello, sign in. 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. In response, Fields moved to strike Juror No. 2d 814 (1986); see also Eufrasio, 935 F.2d at 567 ("As long as the crimes charged are allegedly a single series of acts or transactions, separate trials are not required."). at 92. AbeBooks.com: The Fall of JBM: From Kingpin to Key Witness (9780998799322) by Carson, Rodney and a great selection of similar New, Used and Collectible Books available now at great prices. Bucky was. 1263, 89 L.Ed.2d 572 (1986). 924(c) (1) (1988 & Supp. 924(c)(1) (1988 & Supp. ("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. 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 record in this case demonstrates that the defendants suffered no such prejudice. 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." That is hardly an acceptable excuse. 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." at 2378. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. 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. denied, --- U.S. ----, 112 S.Ct. 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. Jamison provided only minimal testimony regarding Thornton. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 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. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. 4/21/92 Tr. Jones eventually avenged Bucky's murder by ordering the execution of Bruce Kennedy, another JBM member who was the cousin of Bucky's suspected killer, fellow JBM boss Bryan "Moochie" Thornton, a. The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. 340, 116 L.Ed.2d 280 (1991). 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. The defendants have not challenged the propriety of their sentences or fines. 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. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. 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." You can explore additional available newsletters here. More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir. 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. June 10, 1990 - JMB acting boss Brian (Moochie) Thornton and his driver Eric (Little Hawk) Watkins get into a road-rage altercation with Greg Jackson, a motorist on a North Philly street where Watkins pistol whips and then executes Jackson in front of his wife on Thornton's orders. 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. 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. 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. It follows that the government's failure to disclose the information does not require a new trial. 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 indictment identifies the other ringleaders as Aaron Jones and Bryan Moochie Thornton, all accused of committing a continuing series of violations from late 1985 to September 1991. 2d 280 (1991). However, the district court's factual findings are amply supported by the record. In response, Fields moved to strike Juror No. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. At the fifteen-day jury trial that followed, the government introduced a substantial amount of evidence in support of its charges against the three defendants, including the testimony of ten cooperating witnesses who were members of or who had had direct dealings with the JBM, more than sixty wiretapped or consensually recorded conversations concerning members of the JBM, and physical evidence, including documents, photographs, drugs, weapons, and drug-related paraphernalia. P. 143 for abuse of discretion. Memorial Coliseum (Corpus Christi) Memorial Drive . 2d 769 (1990). We review the evidence in the light most favorable to the verdict winner, in this case the government. See also Zafiro, --- U.S. at ----, 113 S. Ct. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . at 75. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. United States v. Burns, 668 F.2d 855, 858 (5th Cir. Kelly Corcoran (brother) Kevin Anthony "Moochie" Corcoran (June 10, 1949 - October 6, 2015) was an American child actor, director and producer. 1 F.3d 149, Docket Number: Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. 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