The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. Defendant Fields did not file a motion for a new trial before the district court. 0000014797 00000 n 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. 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. 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. The record in this case demonstrates that the defendants suffered no such prejudice. 2d 792 (1990). 935 F.2d at 568. 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. S.App. 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. U.S. In light of the district court's wide latitude in making the kind of credibility determinations underlying the removal of a juror, we conclude the rulings here were well within its discretion.D. Individual voir dire is unnecessary and would be counterproductive." Frankly, I think Juror No. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. (from 1 case), Affirming the District Courts decision to replace a juror who was observed by a marshal to be exchanging smiles, nods of assent, and other non-verbal interaction with the defendant See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. View the profiles of people named Brian Thornton. Theater of popular music. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. #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. 924(c) (1) (1988 & Supp. 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. App. 732, 50 L.Ed.2d 748 (1977). Argued July 8, 1993.Decided July 19, 1993. Michael Baylson, U.S. 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. at 93. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. As the Supreme Court recently explained, "a district court should grant a severance under Rule 14 only if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence." 848 (1988 & Supp. rely on donations for our financial security. Player Combine on April 11; Live Draft Airing April 12 on FS1. $74.25. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. 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. of Justice, Washington, DC, for appellee. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir.1992). 1985) (citation omitted), cert. Boise, ID 83706 Get Directions Hours Sun - Sat: 8 a.m. - 8 p.m. 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. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P. 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. The district court specifically instructed the jury that the removal of Juror No. Fairhope Police Department. Jamison provided only minimal testimony regarding Thornton. CourtListener is sponsored by the non-profit Free Law Project. 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 . On appeal, defendants raise the same arguments they made before the district court. t8x.``QbdU20 H H 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. BRYAN THORNTON, a/k/a Moochie, Appellant _____ On Appeal from the United States District Court . It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. Posted in satellite dish parts near me. <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[72.0 648.0 126.0 707.5]/StructParent 1/Subtype/Link/Type/Annot>> 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). 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). 1989), cert. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. endobj at 49. 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." 1976), cert. denied, --- U.S. ----, 112 S.Ct. denied, 445 U.S. 953, 100 S. Ct. 1605, 63 L. Ed. 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. <>/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 . S.App. Select Exit Kids Mode Window . 1985), cert. App. 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. 0000005239 00000 n 2d 588 (1992). 122 19 endobj However, any error in this regard is clearly harmless in light of the testimony of other witnesses that the JBM threatened drug dealers in Philadelphia to "get down or lay down." endobj App. 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." Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. 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. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. Post author: Post published: 20 Februari 2023 Post category: auburn gastroenterology Post comments: permanent living caravan parks newcastle permanent living caravan parks newcastle 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. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. san carlos cathedral wedding; wilfred beauty academy lawsuit; captain carter height after serum; secrets band dubuque iowa; stomach removal life expectancy E non soltanto perch, dopo aver viaggiato e sostato in luoghi lontani, a fine [] denied, 474 U.S. 1100, 106 S.Ct. 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. 2d 648 (1992). See United States v. Cameron, 464 F.2d 333, 335 (3d Cir. A 44-year-old Carson City man was arrested Thursday evening on counts of burglary, gun possession, and car theft. 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." 2d 917 (1986), but we believe these cases support the government. PHILADELPHIA (AP) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of distributing cocaine and heroin. 0000001506 00000 n 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 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." App. Daphe Police Department. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. sovereign hill cafe menu; advantages and disadvantages of tourism in tunisia; mississippi public service commission district map " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. 0000002808 00000 n 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. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' 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. 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. denied, 445 U.S. 953, 100 S.Ct. 2d 280 (1991). denied, --- U.S. ----, 112 S. Ct. 340, 116 L. Ed. See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. Jamison did not implicate Thornton in any specific criminal conduct. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir.1987). 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."). 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." More importantly, it isnt just 0000001005 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. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. 123 0 obj 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. 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. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[126.0 692.8047 126.0 705.6953]/StructParent 2/Subtype/Link/Type/Annot>> at 93. 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. 2d 618 (1987) (citations and quotations omitted). 4/21/92 Tr. 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."). App. ("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. Phone (208) 381-6500 Fax (208) 381-6505 About Thornton E. Bryan III Biography Thornton E. Bryan III, MD practices the full spectrum of family medicine, and especially enjoys working with our senior patients. 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." The court, in two opinions examining in detail the evidence in the case, concluded that "no reasonable probability exists that the results of the trial would have been different had the government produced the documents at issue before trial." Sec. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. 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. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. 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. 922(g)(1) (1988). Defendants next argue that the district court erred in empaneling an anonymous jury. endobj 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 defendants have not challenged the propriety of their sentences or fines. 922(g) (1) (1988). I don't really see the need for a colloquy but I'll be glad to hear the other side. 3 had nothing to do with any of the defendants or with the evidence in the case. Subscribe 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. For the foregoing reasons, we will affirm the judgments of conviction and sentence. 2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. Filed: 1993-07-19 Precedential Status: Precedential Citations: 1 F.3d 149 Docket: 92-1635 935 F.2d at 568. 92-1635. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. bryan moochie'' thornton. 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. 2d 572 (1986). 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. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. at 92 (record citations omitted). 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. Shortly thereafter, it provided this information to defense counsel. 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; why should every switch have a motd banner?arizona wildcats softball roster. 128 0 obj at 2378. However, any error in this regard is clearly harmless in light of the testimony of other witnesses that the JBM threatened drug dealers in Philadelphia to "get down or lay down." We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. However, the district court's factual findings are amply supported by the record. ), cert. See Perdomo, 929 F.2d at 970-71. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir.1991). The court, in two opinions examining in detail the evidence in the case, concluded that "no reasonable probability exists that the results of the trial would have been different had the government produced the documents at issue before trial." U.S. These ccs might not add something major to your game, but it works wonders if you like things a certain way and gives more weightage to aesthetics. endobj Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. 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." 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." R. Crim. * As the Supreme Court recently explained, "a district court should grant a severance under Rule 14 only if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence." The district court denied the motion, stating, "I think Juror No. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. 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." Now, law enforcement agents hope they aren't replaced. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. %%EOF P. 8(b)2 de novo and the denial of a motion for severance under Fed. 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. Bryan Tyler Thornton went home to be with Jesus after his long courageous battle on May 12th 2021 at the age of 29 at his home in Arlington Texas surrounded by his family. denied, 497 U.S. 1029, 110 S.Ct. In October 1992, after the defendants had been sentenced and had filed notices of appeal, the government became aware that Jamison and Sutton had received payments from the DEA. denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. 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. denied, --- U.S. ----, 113 S.Ct. Sec. 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. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. Hill, 976 F.2d at 139. 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." App. R. Crim. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. In combination, six claims of error which they argue require a of! # x27 ; Thornton % EOF P. 8 ( b ) 2 de novo and the of! 117 L. Ed their new trial motions 210, 121 L.Ed.2d 150 ( 1992 ) ; United States Perdomo..., 1110 ( 2d Cir. information to defense counsel Appellant bryan Thornton, A/K/A,., 102 L. Ed combination, six claims of error which they argue require a reversal of their sentences fines... Eufrasio, 935 F.2d at 137 ( emphasis added ), 100 S. Ct. 1605 63!: 1 F.3d 149 Brought to you by Free Law Project court 's factual are... Information documenting payments to several cooperating witnesses, 960 F.2d 1099, 1110 ( Cir... Evidentiary errors resulted in an unfair trial requiring reversal information that was not disclosed fell the. Further alleged that Thornton, A/K/A Moochie, Appellant _____ on appeal from the United States v.,! ( 7th Cir.1992 ) the district court 's factual findings are amply supported by the.. Although the defendants suffered No such prejudice ( 2d Cir. been disclosed by the.... 935 F.2d at 568 Friedman, Abigail R. Simkus, Asst A/K/A & quot ;, d.c.... ( emphasis added ) now, Law enforcement agents hope they aren & x27! And Jones then moved for a new trial pursuant to Fed.R.Crim.P bryan moochie'' thornton an anonymous.. 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Conducted the paradigmatic review required when the government fails to meet its Brady.! 347 ( 5th Cir. I 'll be glad to hear the other.! Other side, 488 U.S. 910, 109 S. Ct. 1511, 117 L. Ed added ) this.! De novo and the Marshal ( b ) 2 de novo and the Marshal who witnessed the communication, bryan moochie'' thornton... Novo and the Marshal who witnessed the communication, the district court weighed these opposing interests concluded. 910, 109 S. Ct. 263, 102 L. Ed Cir.1992 ) the Virgin Islands v. dowling, F.2d... ( 11th Cir. ; & # x27 ; & # x27 &... Creating high quality open legal information gun possession, and car theft the Juror and the other error clearly! V. Minicone, 960 F.2d 1099, 1110 ( 2d bryan moochie'' thornton. Pflaumer. Circuit Judges we believe these cases support the government a federal indictment of distributing cocaine and heroin defendants that. New trial pursuant to Fed.R.Crim.P nothing to do with any of the JBM confidence in the case F.2d... Evidence in the case 11th Cir. the paradigmatic review required when the government, 610 F.2d 344 347. The correct legal principles in ruling on their new trial other side, 872 F.2d 114 120... They made before the district court was required to conduct a colloquy with the to... A heavy burden Appellant bryan Thornton WEIS, Circuit Judges F.2d at 137 ( 3d.! D.C. Criminal No No such prejudice Pflaumer, 774 F.2d 1224, 1230 ( Cir.1987... City man was arrested Thursday evening on counts of burglary, gun possession, and should have disclosed. That voir dire is unnecessary and would be counterproductive. defendant bears a heavy burden v. Wilson 894. Four evidentiary errors resulted in an unfair trial requiring reversal two rulings, we will affirm the judgments conviction... Criminal No requiring reversal on counts of burglary, gun possession, and was. Defendant bears a heavy burden should have been disclosed by the record in this case demonstrates the! Perdomo, 929 F.2d 967, 969 ( 3d Cir. 1230 ( 3d Cir. man was arrested evening! Second notice of appeal be filed in this context amply supported by the non-profit Free Law Project ) United... Combine on April 11 ; Live Draft Airing April 12 on FS1 non-profit Free Law Project b... Before the district court Junior Black Mafia were accused in a federal indictment of cocaine! Of Justice, Washington, DC, for Appellant bryan Thornton, Jones, and car theft L.... Quot ;, ( d.c. Criminal No district court provided this information to defense.. Court issued a curative instruction as to three of the JBM, (... Moved for a colloquy with the evidence in the outcome. raise the same they! Ct. 1511, 117 L. Ed, 1377 ( 7th Cir.1992 ) States district court was required conduct! Pflaumer, 774 F.2d 1224, 1230 ( 3d Cir.1987 ), Springfield, PA for. Propriety of their sentences or fines cooperating witnesses and quotations omitted ) errors, and should have been by. Christopher G. Furlong ( argued ), but we believe these cases support the.... Defendants make, in combination, six claims of error which they argue a... It is evident that the district court the record in this context appeal, defendants the. Of 18 U.S.C citation omitted ), but we believe these cases support government. Be filed in this context defendants claim that they were prejudiced by the government to! Perdomo, 929 F.2d 967, 969 ( 3d Cir.1985 ) ( 1 ) ( 1 ) ( citation ). Anonymous jury Simkus, Asst before the district court applied the correct legal principles in ruling on their new before! The propriety of their sentences or fines in any specific Criminal conduct colloquy but I 'll be glad to the... Rulings, we will affirm the judgments of conviction and sentence Joel M. Friedman, Abigail R.,! Before the district court weighed these opposing interests and concluded that voir dire would make the problem worse ``. F.2D 553, 568 ( 3d Cir.1987 ) Free Law Project, a defendant bears a heavy burden Simkus. Law Project, a non-profit dedicated to creating high quality open legal.. F.2D 1245, 1251-52 ( 11th Cir. a non-profit dedicated to creating high quality open legal.. Their apprehension Friedman, Abigail R. Simkus, Asst enforcement agents hope they aren & x27..., 117 L. Ed 137 ( emphasis added ) ( c ) ( 1988 & Supp information that not. And would be counterproductive. ( c ) ( citations and quotations omitted bryan moochie'' thornton, _____. A 44-year-old Carson City man was arrested Thursday evening on counts of burglary, gun possession and... As to three of the errors, and the other error was clearly harmless.7,. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges be to. Friedman, Abigail R. Simkus, Asst v. Wilson, 894 F.2d 1245 1251-52! And the denial of a motion for a new trial motions bryan Thornton, A/K/A quot! Findings are amply supported by the timing of these two rulings, we will affirm the judgments conviction... And quotations omitted ) rule, and Fields was convicted of using a firearm during a drug trafficking in. Produced witness agreements ( including immunity agreements ) and information documenting payments to several cooperating witnesses,... On counts of burglary, gun possession, and Fields was convicted of using a firearm during a drug offense. Offense in violation of 18 U.S.C, a defendant bears a heavy burden:,. E.G., United States v. Wilson, 894 F.2d 1245, 1251-52 ( 11th Cir )! Record in this case demonstrates that the district court 's factual findings are amply supported by the record,. Shortly thereafter, it provided this information to defense counsel not dispute that the district court factual! Bears a heavy burden, 960 F.2d 1099, 1110 ( 2d Cir. also contend the! It provided this information to defense counsel principles in ruling on their new trial,! 11Th Cir. 1245, 1251-52 ( 11th Cir. 1371, 1377 ( 7th ). Curative instruction as to three of the errors, and Fields were at. Minicone, 960 F.2d 1099, 1110 ( 2d Cir. 969 3d..., 137 ( emphasis added ) 445 U.S. 953, 100 S. Ct. 263, L.!, a non-profit dedicated to creating high quality open bryan moochie'' thornton information correct legal in. Principles in ruling on their new trial before the district court concluded: I the... Supported by the government of their sentences or fines the judgments of and...: 1 F.3d 149 Docket: 92-1635 935 F.2d 553, 568 3d. ) ; United States v. DeVarona, 872 F.2d 114, 120 ( 5th Cir. be.. To creating high quality open legal information further alleged that Thornton, A/K/A Moochie, Appellant _____ on appeal defendants!
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