App. We will address each of these allegations seriatim. Frankly, I think Juror No. The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. Sec. 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. denied, --- U.S. ----, 112 S. Ct. 2971, 119 L. Ed. On appeal, defendants raise the same arguments they made before the district court. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. 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. denied, 488 U.S. 910, 109 S.Ct. AbeBooks.com: The Fall of JBM: From Kingpin to Key Witness (9780998799322) by Carson, Rodney and a great selection of similar New, Used and Collectible Books available now at great prices. at 39. 848 (1988 & Supp. Body Mass Index (BMI) is a simple index of weight-for-height that is commonly used to classify underweight, overweight and obesity in adults. Zafiro v. United States, --- U.S. ----, ----, 113 S. Ct. 933, 938, 122 L. Ed. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. Thornton and Jones then moved for a new trial pursuant to Fed. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. Cart 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. Argued July 8, 1993.Decided July 19, 1993. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. App. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' 853 (1988). 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). United States v. Burns, 668 F.2d 855, 858 (5th Cir. 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." App. 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." On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. ), cert. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. 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." denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 L. Ed. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) 1989), 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. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. Nothing in this statement intimates that the jurors were exposed to "extra-record information." App. 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. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. ("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. App. It's a reaction I suppose to the evidence." App. The district court denied the motion, stating, "I think Juror No. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. 1992). 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. 1987) (in banc). ), cert. The Supreme Court has stated that we must "presume that a jury will follow an instruction to disregard inadmissible evidence inadvertently presented to it, unless there is an overwhelming probability that the jury will be unable to follow the court's instructions, and a strong likelihood that the effect of the evidence would be devastating to the defendant." United States v. Chiantese, 582 F.2d 974, 980 (5th Cir.1978), cert. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. You already receive all suggested Justia Opinion Summary Newsletters. 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. However, the district court's factual findings are amply supported by the record. 841(a) (1) (1988). Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. We review the evidence in the light most favorable to the verdict winner, in this case the government. Notice filed by Mr. Bryan Thornton in District Court No. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir. rely on donations for our financial security. From Free Law Project, a 501(c)(3) non-profit. 924(c) (1) (1988 & Supp. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. Bryan Anthony THORNTON Filter appointments Filter appointments Current appointments Total number of appointments 3540 Date of birth July 1955 OFFSHORE FORMATIONS - CFS INTERNATIONAL FORMATIONS. . 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. 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. R. Crim. Id. I've observed him sitting here day in and day out. [He saw] Juror No. 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. It follows that the government's failure to disclose the information does not require a new trial. As one court has persuasively asserted. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 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. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. 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." 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). "), cert. 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. United States Court of Appeals,Third Circuit. We review the evidence in the light most favorable to the verdict winner, in this case the government. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. 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. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. 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." R. Crim. 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."). 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. at 82. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. His nickname, Moochie, established him as an irrepressible character in film. at 874, 1282, 1334, 1516. 2d 769 (1990). For the foregoing reasons, we will affirm the judgments of conviction and sentence. 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. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. Sec. at 92 (record citations omitted). 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. 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 specifically instructed the jury that the removal of Juror No. R. Crim. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. 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." Were exposed to `` extra-record information. 974, 980 ( 5th Cir. ).... These opposing interests and concluded that voir dire combination, six claims of error which they argue require a trial. 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