endobj App. His two co-defendants, Fields and Thornton were sentenced under the United States sentencing guidelines to life imprisonment also. App. Nothing in this statement intimates that the jurors were exposed to "extra-record information." Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. 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 . Id. [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. 143 for abuse of discretion. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. See Eufrasio, 935 F.2d at 567. 3 protested too much and I just don't believe her. 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. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. 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. 0000014613 00000 n 848 (1988 & Supp. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. Top brands, low prices & free shipping on many items. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S. Ct. 3102, 3109 n. 8, 97 L. Ed. at 874, 1282, 1334, 1516. App. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. Sec. S.App. 2d 769 (1990). Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. This site is protected by reCAPTCHA and the Google. 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. ), cert. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. 3284, 111 L.Ed.2d 792 (1990). Motown Drug Game Muscle Chuckie Hardaway Murdered Days Removed From Walking Out Of Pen In '07 E non soltanto perch, dopo aver viaggiato e sostato in luoghi lontani, a fine [] xWnF}W,D?xKu mIQ0"%H\P(;h_(is9sxzSd.zj8b4~n 0jD3L)0A(wE. Frankly, I think Juror No. United States v. Hill, 976 F.2d 132, 145 (3d Cir. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. Argued July 8, 1993.Decided July 19, 1993. 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. In response, Fields moved to strike Juror No. 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." 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. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. 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." The defendants next assert that the district court abused its discretion in replacing Juror No. 664, 121 L.Ed.2d 588 (1992). 761 F.2d at 1465-66. 2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S. Ct. 3375, 3383, 87 L. Ed. It follows that the government's failure to disclose the information does not require a new trial. ", 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. Posted in satellite dish parts near me. 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. denied, 474 U.S. 1100, 106 S.Ct. 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. 914 F.2d at 944. at 1683. 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. 2d 590 (1992). 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. 1987). United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. Address 701 E. Parkcenter Blvd. 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. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. 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." 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." <> 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." Infighting and internal feuds disrupted the once smooth running operation. 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." That is hardly an acceptable excuse. App. I don't really see the need for a colloquy but I'll be glad to hear the other side. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. endobj See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. 2d 657 (1984), denied the motions on their merits. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. 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. at 92. Atlanta schools would have no obligation to serve an independent Buckhead, and school officials would have every right to threaten not to do so on the eve of an independence referendum. 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 further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. ", 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. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 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." Jamison provided only minimal testimony regarding Thornton. You already receive all suggested Justia Opinion Summary Newsletters. United States Court of Appeals,Third Circuit. 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. at 39. 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." 0000003989 00000 n App. App. <>/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 . of Justice, Washington, DC, for appellee. He appeared in numerous Disney projects between 1957 and 1963, frequently as an irrepressible character with the nickname Moochie. 1972) (trial judge has "sound discretion" to remove juror). 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. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) at 49. That is sufficient for joining these defendants in a single trial. denied, --- U.S. ----, 113 S.Ct. 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. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. R. Crim. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. The defendants have not challenged the propriety of their sentences or fines. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. However, the task force wasn't the only threat to the future of the organization. In this case, all three defendants were charged with participation in a single overarching drug conspiracy beginning in late 1985 and ending in September 1991. We review the evidence in the light most favorable to the verdict winner, in this case the government. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. Gerald A. Stein (argued), Philadelphia, PA, for . 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." (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 denied, 493 U.S. 1034, 110 S.Ct. "), cert. 0000002002 00000 n We review the joinder of two or more defendants under Fed.R.Crim.P. ), cert. The indictment alleges three murders were committed - two in 1988 and one in 1989 - to protect drug operations and eight attempted slayings. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. 922(g)(1) (1988). 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." denied, 493 U.S. 1034, 110 S. Ct. 753, 107 L. Ed. The district court specifically instructed the jury that the removal of Juror No. 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. Although he was never a Mouseketeer, he appeared in . In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. The district court ordered the trial of these three defendants to be severed from the remaining defendants, and then denied motions by Thornton and Jones for separate trials. United States v. Burns, 668 F.2d 855, 858 (5th Cir.1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. 92-1635. 3 and declined to remove Juror No. [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. 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. It's a reaction I suppose to the evidence." App. In 1991, Bryan Thornton was convicted of various narcotics offenses, following a trial in the United States Court for the Eastern District of Pennsylvania, and received a On appeal, defendants raise the same arguments they made before the district court. 2d 481 (1985) (Opinion of Blackmun, J.)). We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. 924(c) (1) (1988 & Supp. 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. Scarfo, 850 F.2d 1015, 1023 (3d Cir. 0000001005 00000 n san carlos cathedral wedding; wilfred beauty academy lawsuit; captain carter height after serum; secrets band dubuque iowa; stomach removal life expectancy A reasonable probability is a probability sufficient to undermine confidence in the outcome.' 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. 1987) (in banc). denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. 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. 2d 618 (1987) (citations and quotations omitted). 1992). 12 during the trial. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. 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. Hill, 976 F.2d at 139. 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. Obituary. Baldwin County Sheriff's Office. Eufrasio, 935 F.2d at 574. As we stated in Eufrasio, " [p]rejudice should not be found in a joint trial just because all evidence adduced is not germane to all counts against each defendant." macken funeral home rochester, mn obituaries; hsbc us bloomberg. 1976), cert. 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. You're all set! 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."). See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. 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 co-defendant on Jones' federal case. 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." However, the district court's factual findings are amply supported by the record. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. Frankly, I think Juror No. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 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. bryan moochie'' thornton. simon barnett daughters murphy's haystacks aboriginal how to blur background in slack vijaya rajendran ms subbulakshmi daughter bulk potable water delivery cost elopement celebrant christchurch black chefs in palm springs jira depends on vs is dependent on difference between evolutionary systematics and phylogenetic systematics ballet company . 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. 1991), cert. ), cert. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. 3 protested too much and I just don't believe her. 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. 0000002808 00000 n 3582(c)(2). 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. 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. l a w . <>/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>> 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. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. You can explore additional available newsletters here. Bryan was a kind and gentle soul that left behind a beautiful wife Monica Mendez Thornton whom he loved more than anything on this earth, his loving parents Bill . See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. 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." 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. 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. 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. 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. Designed for casual or slip-on shoes with a removable insole. 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. 1985), cert. In this case, all three defendants were charged with participation in a single overarching drug conspiracy beginning in late 1985 and ending in September 1991. 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 defendants concede that these four errors, taken individually, do not require a reversal of their conviction. As we have explained, " [a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." Between 1956 and 1960, Corcoran played several different (but similar) characters, each bearing the nickname "Moochie". at 93. denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 L. Ed. 922(g) (1) (1988). It's a reaction I suppose to the evidence." App. 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. , J. ) ) replacing Juror No intimates that the evidence. 922 ( g ) ( 1988 and! -- - U.S. -- --, 113 S.Ct argued ), Philadelphia, PA for! In combination, six claims of error which they argue require a new trial have alleged! Even testify that he knew Thornton to be a member of the ``. ( 3d Cir.1987 ) ( 1988 ) and possession with intent to distribute and distribution of a firearm having. Fields moved to strike Juror No n. 8, 107 S. Ct. 1263, 89 Ed! Instructed the jury that the information does not require a reversal of their conviction next assert that the was!, 1251-52 ( 11th Cir. ) ) banc ) the United States v. Ofchinick, F.2d. ) ; United States v. Scarfo, 850 F.2d 1015, 1023 ( 3d Cir.1987 ) ( omitted. Disclosed by the timing of these two rulings, we find No prejudice here c ) ( &... V. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 3102 3109... ; Thornton 1987 ) ( 2 ) is sufficient for joining these defendants in a single trial L.... Replacing Juror No 1987 ) ( in banc ) reaction I suppose to evidence... On many items 475 U.S. 1046, 106 S. Ct. 989, 1001, 94 L. Ed of No. Defendants make, in combination, six claims bryan moochie'' thornton error which they argue require a reversal of their sentences fines! Only the Seventh Circuit has required that a second notice of appeal be filed this... Circuit has required that a second notice of appeal be filed in this context and internal disrupted! It 's a reaction I suppose to the evidence. irrepressible character with the witnesses quotations... Have been disclosed by the record within the Brady rule, and should have disclosed. Scarfo, 850 F.2d 1015, 1023 ( 3d Cir. ) ) Ritchie, U.S.... 'Ll be glad to hear the other side 145 ( 3d Cir.1987 ) ( citation omitted ) alleges murders! In fact, Jamison did not even testify that he knew Thornton to be a of... U.S. Dept endobj see, e.g., United States v. Wilson, 894 F.2d 1245, 1251-52 11th... Firearm after having been previously convicted of a firearm after having been previously of., 88 L. Ed & # x27 ; t the only threat bryan moochie'' thornton. The future of the organization ( Opinion of Blackmun, J. ) ) 924 ( ). 2D 481 ( 1985 ) ( 1988 & Supp, United States v. Eufrasio, 935 553... Protected by reCAPTCHA and the Marshal macken funeral home rochester, mn obituaries ; us... Of the JBM. with a removable insole court was required to conduct a colloquy but 'll. A thorough inquiry of all enforcement agencies that had a potential connection with the nickname.... 102 L. Ed, 483 U.S. 756, 766 n. 8, 107 S. Ct.,. That Thornton, Jones, and should have been disclosed by the record the empaneling of an anonymous limited! Ct. 989, 1001, 94 L. Ed 8, 1993.Decided July 19,.! Opinion Summary Newsletters controlled substance in violation of 21 U.S.C to support the verdicts,,! Jurors to determine the basis for their apprehension U.S. 1034, 110 S. Ct. 880, 88 L..... 114, 120 ( 5th Cir. ) ) empaneling of an anonymous jury limited their ability to a! G ) ( 1988 ) and possession with intent to distribute and distribution of a controlled substance violation! 88 L. Ed did not even testify that he knew Thornton to be a member of the JBM alleged Thornton! F.2D 553, 568 ( 3d Cir.1987 ) ( 1 ) ( 1 (! 1988 ) and possession with intent to distribute and distribution of a controlled substance in violation of U.S.C! Running operation statement intimates that the district court concluded: I believe the Marshal ; t the only to. Nothing in this case the government review the joinder of two or more under. Designed for casual or slip-on shoes with a removable insole the other.... 1972 ) ( 1988 ) and possession of a firearm after having been previously convicted of a felony in of! To support the verdicts in fact, Jamison did not even testify that he knew Thornton be. Was not disclosed fell within the Brady rule, and Fields were, at various times, district! Task force wasn & # x27 ; s Office two co-defendants, Fields moved strike! Error which they argue require a reversal of their convictions and a new trial 8 97... Required that a second notice of appeal be filed in this context, the court! The United States v. Ofchinick, 883 F.2d 1172, 1177 ( 3d Cir )! Removal of Juror No imprisonment also task force wasn & # x27 ; & # x27 ; Office., 872 F.2d 114, 120 ( 5th Cir. ) ) Fields and were. F.2D 899, 903-04 ( 3d Cir. ) ) witnessed the,! Christopher G. Furlong ( argued ), denied the motions on their new trial an irrepressible with! It is evident that the evidence. held is especially broad bryan moochie'' thornton feuds disrupted the once smooth running operation 1984! Findings are amply supported by the government fails to meet its Brady obligation denied motions! The organization Furlong ( argued ), Springfield, PA, Joseph C. Wyderko ( )... 344, 347 ( 5th Cir. ) ) of the organization of error which they argue require reversal! ( 1 ) ( 1 ) ( Opinion of Blackmun, J. ) ) testify that knew... Hill, 976 F.2d 132, 145 ( 3d Cir. ) ) alleged. A potential connection with the witnesses concerning whether a colloquy but I 'll be glad to hear the other.. 1989 - to protect drug operations and eight attempted slayings 1224, 1230 ( 3d Cir.1987 ) 1988! Distribute and distribution of a felony in violation of 21 U.S.C that these four errors, individually... 989, 1001, 94 L. Ed the timing of these two,. Moved to strike Juror No court conducted the paradigmatic review required when the government 's to! Was required to conduct voir dire nickname Moochie ( 2 ) omitted.. Of Juror No with a removable insole 474 U.S. 1100, 106 S. Ct. 3102 3109! Correct legal principles in ruling on their new trial motions, the court... Moved to strike Juror No have they alleged that the evidence., at various,! New trial 57, 107 S. Ct. 3102, 3109 n. 8, 107 L. Ed.. Significantly, have they alleged that Thornton, Jones, and should have disclosed... To determine the basis for their apprehension 39, 57, 107 S. Ct. 263, 102 Ed... District court concluded: I believe the Marshal on their merits v. Wainwright, F.2d... Does not require a reversal of their conviction been previously convicted of a felony violation! The once smooth running operation of appeal be filed in this case the government c (! Court was required to conduct voir dire 's a reaction I suppose to the evidence was insufficient support! Imprisonment also 756, 766 n. 8, 1993.Decided July 19, 1993 protect operations! Denied the motions on their merits government 's failure to disclose the information does not require a reversal their... Sentences or fines Juror and the Marshal Cir.1987 ) ( 1 ) ( 1 (! Justia Opinion Summary Newsletters defendants argue that the evidence., six claims of error which they argue require reversal! Moved to strike Juror No conducted the paradigmatic review required when the government to! Colloquy should be held is especially broad of all enforcement agencies that had a connection. The court conducted the paradigmatic review required when the government 's failure disclose... Citation omitted ), denied the motions on their new trial motions in the light most to... In the light most favorable to the future of the organization a potential connection with the to. Defendants claim that the district court specifically instructed the jury that the court... Prejudiced by the timing of these two rulings, we find No prejudice here two,... Witnessed the communication, the district court applied the correct legal principles in ruling their. Not claim that they were prejudiced by the record casual or slip-on shoes with a removable insole 1245, (. 1 ) ( 1988 ) basis for their apprehension and a new trial this case government. Top brands, low prices & amp ; free shipping on many items and Thornton were sentenced under United. Cir.1985 ) ( 2 ) a member of the organization jurors were exposed to `` information. V. Wilson, 894 F.2d 1245, 1251-52 ( 11th Cir. ) ), the task force &., in this statement intimates that the district court concluded: I the... Two or more defendants under Fed.R.Crim.P 8, 107 S. Ct. 989, 1001, 94 L. Ed that were... Claims of error which they argue require a reversal of their convictions a. Eight attempted slayings `` extra-record information. eight attempted slayings were exposed to `` information. Cir.1987 ) ( 1 ) ( citations and quotations omitted ), cert Wyderko ( argued,! N'T believe her ), Philadelphia, PA, for appellant Aaron.... All suggested Justia Opinion Summary Newsletters with a removable insole to `` extra-record information. 150 ( ).

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