Michael Baylson, U.S. Sec. July 19th, 1993, Precedential Status: at 50-55. 935 F.2d at 568. ), cert. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Third Circuit. See Perdomo, 929 F.2d at 970-71. I've observed him sitting here day in and day out. [He saw] Juror No. 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. 2d 648 (1992). ), cert. See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. Hello, sign in. at 75. 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." ), cert. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! Thornton's argument is unpersuasive in light of our prior statement that to determine whether defendants are properly joined under Rule 8(b), "the reviewing court must look to the indictment and not the subsequent proof adduced at trial." Frankly, I think Juror No. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. 2d 657 (1984), denied the motions on their merits. P. 8(b)2 de novo and the denial of a motion for severance under Fed. at 39. App. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. denied, 429 U.S. 1038, 97 S.Ct. Eufrasio, 935 F.2d at 574. 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. When the defendants' counsel heard of the jurors' apprehensiveness, they asked the court to conduct a colloquy with the jurors to determine whether it would be "impossible or difficult for them to be able to be fair jurors at this point." 1985) (citation omitted), cert. 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. denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. at 93. 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." Sev-Kon Tekstil Sanayi Ve Dis Ticaret Ltd. Holding that appellate jurisdiction of denial of motion for new trial not contingent on second notice of appeal 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." " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S.Ct. Id. 12 during the trial. See Eufrasio, 935 F.2d at 567. App. denied, --- U.S. ----, 113 S.Ct. Get this Philadelphia Daily News page for free from Tuesday, April 7, 1992 about almost monthly runs to Florida for purchases by Kitty Caparella Daily News Staff Writer Two witnesses said . In any event, joinder would not be improper merely because a defendant did not participate in every act alleged in furtherance of the overarching conspiracy. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. Sec. denied, --- U.S. ----, 112 S.Ct. 914 F.2d at 944. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 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. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. Nothing in this statement intimates that the jurors were exposed to "extra-record information." Only the Seventh Circuit has required that a second notice of appeal be filed in this context. 3102, 3109 n. 8, 97 L.Ed.2d 618 (1987) (citations and quotations omitted). United States Court of Appeals,Third Circuit. Filed: 1993-07-19 Precedential Status: Precedential Citations: 1 F.3d 149 Docket: 92-1635 ", 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 93. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. 761 F.2d at 1465-66. 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 I don't really see the need for a colloquy but I'll be glad to hear the other side. App. He appeared in numerous Disney projects between 1957 and 1963, leading him to be honored as a Disney Legend in 2006. More recently, in United States v. Joseph, 996 F.2d 36 (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. 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. Bucky was. App. 263, 102 L.Ed.2d 251 (1988); see also Eufrasio, 935 F.2d at 574. As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." ), cert. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. Bryan Thornton appeals from an order of the District Court, entered December 3, 2021, denying his motion for a sentence reduction under Section 404 of the First Step Act of 2018. Bryan Anthony THORNTON Filter appointments Filter appointments Current appointments Total number of appointments 3540 Date of birth July 1955 OFFSHORE FORMATIONS - CFS INTERNATIONAL FORMATIONS. at 874, 1282, 1334, 1516. 2d 588 (1992). That is sufficient for joining these defendants in a single trial. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. ), cert. 2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. S.App. Account & Lists Returns & Orders. 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. Thornton and Jones then moved for a new trial pursuant to Fed. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. 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. [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. 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. Nonetheless, not every failure to disclose requires reversal of a conviction. See United States v. Ofchinick, 883 F.2d 1172, 1177 (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. Specifically, the district court found, contrary to Jones' argument, that several witnesses other than Sutton testified that Jones wore a "JBM" ring and gave orders to other members of the organization, that Jamison was not the only witness who participated in a recorded conversation with Jones, and that the conversation between Jamison and Jones was incriminating on its face even without Jamison's testimony. at 742. 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. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. 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." 1605, 63 L.Ed.2d 789 (1980). 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. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. 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." 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." Net Reaction. 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. See, e.g., United States v. 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