at 1683. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S. Ct. 3102, 3109 n. 8, 97 L. Ed. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' The case status is Pending - Other Pending. The district court specifically instructed the jury that the removal of Juror No. 1972) (trial judge has "sound discretion" to remove juror). This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free Nothing in this statement intimates that the jurors were exposed to "extra-record information." We will address each of these allegations seriatim. App. 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. at 93. ), cert. App. Bryan is a Certified Information Systems Security Professional as well as an EnCase Certified Examiner. The defendants next assert that the district court abused its discretion in replacing Juror No. 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. 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." 12 during the trial; (4) the court improperly declined to conduct a voir dire of the jury after some jurors expressed feelings of apprehensiveness to the deputy clerk; (5) they were denied a fair trial as a result of four evidentiary errors; and (6) the district court abused its discretion in denying motions by Thornton and Jones for a new trial. 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." 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. 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. Now, law enforcement agents hope they aren't replaced. 91-00570-05), 1 F.3d 149 (3d Cir. 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." A reasonable probability is a probability sufficient to undermine confidence in the outcome.' 4/21/92 Tr. Bryan has been highly . Sec. 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. 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. denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 L. Ed. 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." 2d 481 (1985) (Opinion of Blackmun, J.)). You already receive all suggested Justia Opinion Summary Newsletters. 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. App. 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. 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. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir. See Eufrasio, 935 F.2d at 567. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir. Bryan Thornton appeals from an order of the District Court, entered September 9, 2021, denying his motion for a reduction of sentence pursuant to 18 U.S.C. From Free Law Project, a 501(c)(3) non-profit. That is sufficient for joining these defendants in a single trial. 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. Sec. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir. 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. at 742. S.App. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. 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. 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." Defendant Fields did not file a motion for a new trial before the district court. 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). It's a reaction I suppose to the evidence." App. 1992). United States v. Chiantese, 582 F.2d 974, 980 (5th Cir.1978), cert. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. 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. R. Crim. 1605, 63 L.Ed.2d 789 (1980). It follows that we may not consider his claim on appeal. 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. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. 841(a) (1) (1988). Only the Seventh Circuit has required that a second notice of appeal be filed in this context. A more recent docket listing may be available from PACER. 732, 50 L.Ed.2d 748 (1977). In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." 91-00570-03).UNITED STATES of Americav.Aaron JONES, a/k/a "A", "J", Appellant (D.C. Criminal No.91-00570-01).UNITED STATES of Americav.Bernard FIELDS, a/k/a "Quadir", "Q", Appellant (D.C.Criminal No. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. We find no abuse of discretion by the district court. 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. Individual voir dire is unnecessary and would be counterproductive." ''We want to make sure no one takes their place.'' In the indictment . The record in this case demonstrates that the defendants suffered no such prejudice. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. 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." App. Id. The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. App. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. As one court has persuasively asserted. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. 2039, 2051 n. 42, 80 L.Ed.2d 657 (1984), denied the motions on their merits. Precedential, Citations: It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. 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." Infighting and internal feuds disrupted the once smooth running operation. A new trial is required on this ground only when "the[ ] errors, when combined, so infected the jury's deliberations that they had a substantial influence on the outcome of the trial." Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. 3284, 111 L.Ed.2d 792 (1990). 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. 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. For the foregoing reasons, we will affirm the judgments of conviction and sentence. Once smooth running operation they aren & # x27 ; t replaced docket listing may be available from.... 3383, 87 L.Ed.2d 481 ( 1985 ) ( Opinion of Blackmun, J. ) ) motion a!, 582 F.2d 974, 980 ( 5th Cir.1978 ), denied the motions on merits! 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