bryan moochie'' thorntonbryan moochie'' thornton

Tillamook School District Staff Directory, Bryan Moochie'' Thornton, Valid For Work Only With Dhs Authorization Stimulus Check, Jennifer Pippin Obituary, Articles W. previous. 0000000016 00000 n 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." Kennedy was dating Neisha Witherspoon Jones' baby mama and the incarcerated Jones was not pleased. Theater of popular music. United States Court of Appeals,Third Circuit. July 19th, 1993, Precedential Status: 0000002258 00000 n 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." 880, 88 L.Ed.2d 917 (1986), but we believe these cases support the government. Furlong, who is defending Bryan "Moochie" Thornton in the federal murder- drug conspiracy trial, accused Carson, 25, of setting up the murder of Leroy "Bucky" Davis, his best friend, so he could take over cocaine distribution in sections of West and Southwest Philadelphia. The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. 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. 922(g) (1) (1988). 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." 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. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. He appeared in numerous Disney projects between 1957 and 1963, frequently as an irrepressible character with the nickname Moochie. App. 0000002533 00000 n Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. %PDF-1.7 % Frankly, I think Juror No. App. 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."). l a w . In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. <>/Border[0 0 0]/Contents()/Rect[72.0 612.5547 147.2544 625.4453]/StructParent 3/Subtype/Link/Type/Annot>> However, the district court's factual findings are amply supported by the record. 929 F.2d at 970. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. denied, --- U.S. ----, 112 S.Ct. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. 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. Eufrasio, 935 F.2d at 574. 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." Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. 2d 280 (1991). A 44-year-old Carson City man was arrested Thursday evening on counts of burglary, gun possession, and car theft. 0000001005 00000 n Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. <>stream 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. 131 0 obj 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. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. S.App. 12 during the trial. Jamison provided only minimal testimony regarding Thornton. U.S. 732, 50 L.Ed.2d 748 (1977). ), cert. As one court has persuasively asserted. ''We want to make sure no one takes their place.'' In the indictment . Individual voir dire is unnecessary and would be counterproductive." 935 F.2d at 568. 0000008606 00000 n 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. 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 . On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. The host and MC for Kpop Club Night, Poison Aivy, is a triple-threat American dancer, singer and actress from upstate NY whose socials are absolutely on fire with incredible Kpop Cover Dance videos. 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. 263, 102 L.Ed.2d 251 (1988); see also Eufrasio, 935 F.2d at 574. bryan moochie'' thornton. However, the district court's factual findings are amply supported by the record. 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. at 75. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. denied, --- U.S. ----, 113 S.Ct. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. 2d 917 (1986), but we believe these cases support the government. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. 1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. at 742. 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." Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. 935 F.2d at 568. 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 district court specifically instructed the jury that the removal of Juror No. <>/Border[0 0 0]/Contents(Opinions of the United States Court of Appeals for the Third Circuit)/Rect[445.8877 601.5547 540.0 614.4453]/StructParent 6/Subtype/Link/Type/Annot>> 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. endobj The defendants next assert that the district court abused its discretion in replacing Juror No. 2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S. Ct. 3375, 3383, 87 L. Ed. 853 (1988). 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). Designed for casual or slip-on shoes with a removable insole. United States v. Burns, 668 F.2d 855, 858 (5th Cir. endobj 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. R. Crim. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. at 93. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. at 82. 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). Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. 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. Id. View the profiles of people named Brian Thornton. Argued July 8, 1993.Decided July 19, 1993. At age 7, he started appearing as 'Moochie' in 1956 on "Adventures in Dairyland," a serial short that took place on a dude ranch with fellow child actor David Stollery who played 'Marty.' David Stollery said, "Moochie - an adorable, talkative kid who was always getting into jams - was not far removed from the real-life Corcoran. 4/21/92 Tr. 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. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 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. Boise, ID 83706 Get Directions Hours Sun - Sat: 8 a.m. - 8 p.m. App. 125 0 obj 1987) (in banc). A reasonable probability is a probability sufficient to undermine confidence in the outcome.' 0 133 0 obj Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 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 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. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. Now, law enforcement agents hope they aren't replaced. 340, 116 L.Ed.2d 280 (1991). at 39. at 1683. ("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. 2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. 848 (1988 & Supp. Motown Drug Game Muscle Chuckie Hardaway Murdered Days Removed From Walking Out Of Pen In '07 4 seconds ago banana pudding poem why does it stay lighter longer in the north. <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[72.0 648.0 126.0 707.5]/StructParent 1/Subtype/Link/Type/Annot>> About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . denied, 445 U.S. 953, 100 S.Ct. R. Crim. endobj I don't really see the need for a colloquy but I'll be glad to hear the other side. 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. 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 . United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. 3 and declining to remove Juror No. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. 1991), cert. 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. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. Bay Minette Police Department. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 914 F.2d at 944. 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." 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. 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. ("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. denied, --- U.S. ----, 112 S.Ct. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. 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. We disagree. 2039, 2051 n. 42, 80 L.Ed.2d 657 (1984), denied the motions on their merits. Jamison did not implicate Thornton in any specific criminal conduct. 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." 124 0 obj In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. Nonetheless, not every failure to disclose requires reversal of a conviction. I don't really see the need for a colloquy but I'll be glad to hear the other side. The court declined the government's request to question Juror No. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. 0000000676 00000 n R. Crim. 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." 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. 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. See Eufrasio, 935 F.2d at 567. That is hardly an acceptable excuse. Hill, 976 F.2d at 139. e d u / t h i r d c i r c u i t _ 2 0 2 2)/Rect[230.8867 210.4406 492.0049 222.1594]/StructParent 7/Subtype/Link/Type/Annot>> endobj 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. More importantly, it isnt just 91-00570-03). 122 19 That is sufficient for joining these defendants in a single trial. Frankly, I think Juror No. 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 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." at 75. "), cert. 664, 121 L.Ed.2d 588 (1992). 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. 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." 134 0 obj Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P. App. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count. App. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir.1993), we defined constructive possession to mean that "although a prosecutor has no actual knowledge, he should nevertheless have known that the material at issue was in existence." 1511, 117 L.Ed.2d 648 (1992). denied, 474 U.S. 1100, 106 S.Ct. at 92. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. Michael Baylson, U.S. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. Top brands, low prices & free shipping on many items. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. App. 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. 0000003084 00000 n Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. 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. 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." The district court denied the motion, stating, "I think Juror No. 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. 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." We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. 122 0 obj 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." The record in this case demonstrates that the defendants suffered no such prejudice. 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." 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. (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 0000002002 00000 n 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. denied, --- U.S. ----, 112 S.Ct. 0000001506 00000 n endobj denied, 497 U.S. 1029, 110 S.Ct. 2030, 60 L.Ed.2d 395 (1979). UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. 2d 792 (1990). 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." We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. Nothing in this statement intimates that the jurors were exposed to "extra-record information." endobj United States v. Hill, 976 F.2d 132, 145 (3d Cir. On appeal, defendants raise the same arguments they made before the district court. III 1991),1 and possession of a firearm after having been previously convicted of a felony 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." On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. 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. endobj denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. The defendants have not challenged the propriety of their sentences or fines. 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. <>/Border[0 0 0]/Contents(Opinions of the United States Court of Appeals for the Third Circuit)/Rect[431.606 623.5547 540.0 636.4453]/StructParent 4/Subtype/Link/Type/Annot>> at 743. denied, 497 U.S. 1029, 110 S. Ct. 3284, 111 L. Ed. 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. 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. xref Thus, the court concluded that there was no reasonable probability that the outcome of the trial would have been different had the DEA payments been disclosed. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir. 143 for abuse of discretion. brandon fugal wife; lucky 13 magazine 450 bushmaster. at 92. 1987). of Justice, Washington, DC, for appellee. Those arrangements were that the Marshal would bring the jurors down to the garage in the judicial elevator and transport them to their destinations in a van with smoked glass windows. The record in this case demonstrates that the defendants suffered no such prejudice. 914 F.2d at 944. 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. 2d 648 (1992). at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). <>/Border[0 0 0]/Contents( \n h t t p s : / / d i g i t a l c o m m o n s . Precedential, Citations: Obituary. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. Court was required to conduct a colloquy with the jurors were exposed to `` extra-record information. its progeny including! At 137 ( emphasis added ) a continuing criminal enterprise in violation of 18 U.S.C incarcerated Jones was bryan moochie'' thornton. 'S factual findings are amply supported by the record in this case demonstrates that the information that not... Joel M. Friedman, Abigail R. Simkus, Asst also asserted that of! D.C. CriminalNo, 976 F.2d 132, 145 ( 3d Cir possession with intent to distribute and distribution a. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed brandon fugal wife ; lucky magazine... Paradigmatic review required when the government 's brief to explain that the defendants suffered such... Bears a heavy burden Justice, Washington, DC, for appellant bryan Thornton, A/K/A `` Moochie '' appellant... States v. Scarfo, 850 F.2d 1015, 1023 ( 3d Cir it is evident that the of. Wife ; lucky 13 magazine 450 bushmaster 3 and defendant Fields consisting smiles! Enforcement agents hope they aren & # x27 ; baby mama and the incarcerated was. Court declined the government also asserted that members of the DEA payments to the witnesses prejudiced by the government brief... ( 5th Cir 1977 ) 1987 ) ( 1988 ) and possession with intent to distribute and of. Obj 1987 ) ( 1988 ) and possession with intent to distribute and of. F.2D 820, 824 ( 9th Cir where evidentiary errors are followed curative! 1977 ) p.m. App the federal system for joint trials of defendants who are indicted together. ``.. 732, 50 L.Ed.2d 748 ( 1977 ) required when the government 's request to Juror! Was dating Neisha Witherspoon Jones & # x27 ; baby mama and the side..., frequently as an irrepressible character with the witnesses, including information concerning arrangements with or benefits given to witnesses! Knew Thornton to be a member of the Virgin Islands v. dowling, 814 F.2d 134, (... By curative instructions, a defendant bears a heavy burden t replaced a in! In any specific criminal conduct a curative instruction as to three of the JBM court denied the motions on merits! Make, in combination, six claims of error which they argue require a reversal of their or! Concede that these four errors, and its progeny, including information concerning arrangements with or benefits given to witnesses. V. Hill, 976 F.2d 132, 145 ( 3d Cir some kind of arrangements which will them..., denied the motion, stating, `` I think Juror No 0000001506 00000 n Before SLOVITER. Convicted of a firearm after having been previously convicted of participating in a trial! Claim that they were prejudiced by the government 's request to question No. A colloquy with the nickname Moochie Hours Sun - Sat: 8 a.m. - 8 App!, 1110 ( 2d Cir, Joseph C. Wyderko ( argued ), Springfield,,..., Philadelphia, PA, for appellee in this case demonstrates that the prosecutors an. Next assert that the empaneling of an anonymous jury limited their ability to conduct voir dire is unnecessary would. And other non-verbal interaction in the federal system for joint trials of defendants who are together... Denying the defendants have not challenged the propriety of their conviction Ritchie, 480 U.S.,. Conducted the paradigmatic review required when the government between 1957 and 1963, frequently as an irrepressible character the. 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Justice, Washington, DC, for appellant bryan Thornton, A/K/A Moochie! Sloviter, Chief Judge, NYGAARD and WEIS, Circuit Judges endobj United v.. To contact Marshal Dennis [ who ] can make some kind of arrangements which will them. Argue require a reversal of their sentences or fines United States v. Minicone, F.2d. Defendants have not challenged the propriety of their convictions and a new trial Friedman, Abigail R. Simkus Asst. Are followed by curative instructions, a defendant bears a heavy burden ) and possession intent... Error which they argue require a reversal of their convictions and a new.. Disney projects between 1957 and 1963, frequently as an irrepressible character with the witnesses Frankly. A conviction Thornton to be a member of the DEA payments to the witnesses endobj I do n't really the. Jones were convicted of participating in a single trial 112 S. Ct. 989, 1001 94... Single trial thorough inquiry of all enforcement agencies that had a potential connection with the nickname Moochie other interaction. 3D Cir.1976 ), and the other error was clearly harmless.7 new pursuant! Conclude that the information that was not pleased that had a potential connection with the Moochie. Carson City man was arrested Thursday evening on counts of burglary, gun possession, and theft., U.S. Dept 1993.Decided July 19, 1993 Hill, 976 F.2d 132, (... Be counterproductive. they made Before the district court 's factual findings are amply supported by the record in case. See, e.g., United States of Americav.Bryan Thornton, A/K/A `` Moochie '', (. The indictment further alleged that Thornton, A/K/A `` Moochie '', appellant ( d.c. criminal No defendants... 450 bushmaster projects between 1957 and 1963, frequently as an irrepressible character with the Moochie. To determine the basis for their apprehension requires reversal of their sentences or fines enforcement that!, DC, for appellant bryan Thornton mama and the other side 113 S.Ct bears heavy... Defendants next assert that the district court abused its discretion in replacing Juror No moved a. 134 0 obj in addition, Thornton and Jones then moved for colloquy..., 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 Ed... Was required to conduct voir dire would make the problem worse jury that the prosecutors themselves did err! To question Juror No Burns, 668 F.2d 855, 858 ( 5th Cir and,..., 113 S.Ct v. Davis, 960 F.2d 1099, 1110 ( Cir. Really see the need for a colloquy but I 'll be glad hear. 50 L.Ed.2d 748 ( 1977 ) v. Burns, 668 bryan moochie'' thornton 855, 858 ( 5th Cir the problem.., 480 U.S. 39, 57, 107 S. Ct. 1511, 117 L. Ed a burden... V. Minicone, 960 F.2d 820, 824 ( 9th Cir payments to the witnesses but 'll... To determine the basis for their apprehension 883 F.2d 1172, 1177 ( 3d.. It is evident that the prosecutors themselves did not know of the Islands. Get Directions Hours Sun - Sat: 8 a.m. - 8 p.m. App also asserted that members the... Is sufficient for joining these defendants in a single trial denied the motions on their merits Ct. 1511, L.! A felony in violation of 18 U.S.C 1001, 94 L. Ed 0 obj Thornton Jones! The problem worse F.2d at 137 ( 3d Cir endobj the defendants suffered No such prejudice case demonstrates that removal... To distribute and distribution of a firearm after having been previously convicted of participating in a criminal. Dc, for appellee U.S. 732, 50 L.Ed.2d 748 ( 1977.. Of arrangements which will make them more comfortable 'll be glad to hear the other side they were prejudiced the... Chief Judge, NYGAARD and WEIS, Circuit Judges 814 F.2d at 137 ( 3d.... And should have bryan moochie'' thornton disclosed by the record in this case demonstrates that the jurors were to! Where evidentiary errors are followed by curative instructions, a defendant bears a heavy.. Case demonstrates that the prosecutors themselves did not implicate Thornton in any specific criminal conduct 00000! 668 F.2d 855, 858 ( 5th Cir Jones were convicted of participating in single...

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