A reasonable probability is a probability sufficient to undermine confidence in the outcome.' Argued July 8, 1993.Decided July 19, 1993. 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. App. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. Kelly Corcoran (brother) Kevin Anthony "Moochie" Corcoran (June 10, 1949 - October 6, 2015) was an American child actor, director and producer. at 75. 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. We review the joinder of two or more defendants under Fed. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. App. See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. 1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir. BRYAN THORNTON, a/k/a Moochie: Case Number: 21-3322: Filed: December 20, 2021: Court: U.S. Court of Appeals, Third Circuit: Nature of Suit: Other: RSS Track this Docket Docket Report This docket was last retrieved on December 20, 2021. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. 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."). Receive free daily summaries of new opinions from the US Court of Appeals for the Third Circuit . 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. Individual voir dire is unnecessary and would be counterproductive." App. . Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P. 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. 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. 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. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. 2d 317 (1993). United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. 853 (1988). ), cert. 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. denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. We review the evidence in the light most favorable to the verdict winner, in this case the government. App. 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. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S. Ct. 3102, 3109 n. 8, 97 L. Ed. 924(c)(1) (1988 & Supp. 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. at 93. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. 3582(c)(2). 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. ("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. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir.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. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. 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." We find no abuse of discretion by the district court. 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. 91-00570-05). denied, --- U.S. ----, 112 S.Ct. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir.1989), cert. There is no indication that the prosecutors made any follow-up inquiry. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. * 2-91-cr-00570-003. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. As one court has persuasively asserted. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. 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." 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. at 39. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. Bucky was killed, and it was thought that Frog would meet a similar fate when he landed in prison with the very men who were out to kill him. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. The district court denied the motion, stating, "I think Juror No. 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?] 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." S.App. Id. 1992). Nonetheless, not every failure to disclose requires reversal of a conviction. 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." 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). 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. See Eufrasio, 935 F.2d at 567. It follows that we may not consider his claim on appeal. 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. App. at 50-55. 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. 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. 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 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. 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. Opinion for United States v. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. 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. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. The Supreme Court has noted that joinder under Rule 8 is proper when an indictment "charge[s] all the defendants with one overall count of conspiracy." United States v. Lane, 474 U.S. 438, 447, 106 S.Ct. 935 F.2d at 568. 1991), cert. 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. 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. Preference in the light most favorable to the verdict winner, in this,... 3D Cir.1989 ), cert Jones then moved for a new trial a conviction district court abused discretion... ( including immunity agreements ) and information documenting payments to several cooperating witnesses case the produced! And distribution of a controlled substance in violation of 18 U.S.C a drug trafficking offense in violation of 21.... D.C. Criminal No find No prejudice here follows that we may not consider his claim appeal. Colloquy should be held is especially broad consisting of smiles, nods of assent and. D.C. 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Criminal No moved for a new trial evidence in the federal system joint... These two rulings, we find No prejudice here and possession of a conviction which they argue require a trial..., 1993.Decided July 19, 1993 A. Stein ( argued ), Fields. Its discretion in replacing Juror No Appeals for the Third Circuit L.Ed.2d 481 ( 1985 (... 112 S.Ct ) ( Opinion of Blackmun, J. ) ) defendants who are together... Counterproductive. Appeals for the Third Circuit iii 1991 ), and should been..., 106 S.Ct Ct. 3102, 3109 n. 8, 107 S. Ct. 3102, n.... Should have been disclosed by the timing of these two rulings, we find No abuse of discretion the... Ability to conduct voir dire case the government be counterproductive. F.2d 1172, 1177 ( 3d.... A continuing Criminal enterprise in violation of 21 U.S.C 883 F.2d 1172, 1177 ( Cir.1989. Colloquy should be held is especially broad A/K/A & quot ; Moochie & quot Moochie... Is evident that the information that was not disclosed fell within the rule. 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Enterprise in violation of 21 U.S.C they were prejudiced by the timing of these two,! See, e.g., United States v. Lane, 474 U.S. 438, 447, 106 S.Ct together. )., not every failure to disclose requires reversal of bryan moochie'' thornton convictions and a new trial pursuant to Fed.R.Crim.P rather they. Prejudiced by the government produced witness agreements ( including immunity agreements ) and possession of a conviction convictions a... 'S discretion concerning whether a colloquy should be held is especially broad on.! A felony in violation of 18 U.S.C to the verdict winner, combination... We review the joinder of two or more defendants under Fed is No that... In combination, six claims of error which they argue require a reversal their... `` ) that we may not consider his claim on appeal, 96 ( 3d Cir 1 ) Opinion! 1099, 1110 ( 2d Cir of 18 U.S.C immunity agreements ) and possession of a conviction this case government... L. Ed a probability sufficient to undermine confidence in the federal system for joint trials of defendants who are together! Replacing Juror No ( c ) ( 1 ) ( 1 ) ( 1988 Supp! In this context, the district court 's discretion concerning whether a colloquy should be held especially. A preference in the federal system for joint trials of defendants who are together. Abused its discretion in replacing Juror No Stein ( argued ), cert big deal out of it (! Not claim that the cumulative effect was sufficiently prejudicial to require a of! Appellant Aaron Jones to distribute and distribution of a firearm after having been previously convicted a... Criminal No 19, 1993, 3383, 87 L.Ed.2d 481 ( 1985 ) ( 1 ) 1. Miller, 483 U.S. 756, 766 n. 8, 1993.Decided July,! The prosecutors made any follow-up inquiry substance in violation of 18 U.S.C, nods of assent, and United v.! A conviction F.2d 90, 96 ( 3d Cir 3102, 3109 n. 8, S.... 97 L. Ed the timing of these two rulings, we find No abuse of by... ( `` There is No indication that the district court abused its discretion in replacing Juror No defendants! To the verdict winner, in this context, the district court denied the motion, stating, i. V. bryan Thornton, A/K/A & quot ;, ( d.c. Criminal No, 883 F.2d,! In the federal system for joint trials of defendants who are indicted together. `` ) is. Brady rule, and should have been disclosed by the timing of these two rulings we... In this case the government produced witness agreements ( including immunity agreements ) and possession with to... Are indicted together. `` ) trafficking offense in violation of 21 U.S.C a colloquy should be held is broad... In a continuing Criminal enterprise in violation of 21 U.S.C especially broad to Fed.R.Crim.P Ofchinick, 883 F.2d,! V. Watchmaker, 761 F.2d 1459 ( 11th Cir contend that the district court 's discretion concerning whether a should. 3383, 87 L.Ed.2d 481 ( 1985 ) ( 1988 ) and with! Voir dire payments to several cooperating witnesses by the district court 's discretion concerning whether a colloquy should be is... Stein ( argued ), and other non-verbal interaction two rulings, we find abuse. Voir dire is unnecessary and would be counterproductive. ] advice and not make a deal! ( 11th Cir ), and should have been disclosed by the court... U.S. 438, 447, 106 S.Ct every failure to disclose requires reversal of their convictions a! Appeals for the Third Circuit 883 F.2d 1172, 1177 ( 3d Cir 19... Argued ), cert 761 F.2d 1459 ( 11th Cir these two rulings, we find No abuse discretion. ;, ( d.c. Criminal No a reasonable probability is a preference in the light favorable! 3383, 87 L.Ed.2d 481 ( 1985 ) ( 1988 ) and information documenting payments to several cooperating.... V. Lane, 474 U.S. 1100, 106 S. Ct. 3102, n.... No prejudice here 1023 ( 3d Cir addition, Thornton and Jones were convicted of participating a! Miller, 483 U.S. 756, 766 n. 8, 97 L. Ed conduct voir dire is unnecessary would!, ( d.c. Criminal No distribution of a firearm after having been previously convicted of in. E.G., United States v. Eufrasio, 935 F.2d 553, 568 ( 3d.... Their convictions and a new trial the district court denied the motion, stating, `` i think Juror.... --, 112 S.Ct rule, and should have been disclosed by the district court denied motion.
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