United States v. Eufrasio, 935 F.2d 553, 568 (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. 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. A more recent docket listing may be available from PACER. . On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. 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. 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. 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." The court of appeals affirmed the court's refusal to discharge the juror, also holding that a hearing was not required because there was no evidence that the other jurors were influenced by outside sources. 1605, 63 L.Ed.2d 789 (1980). On appeal, defendants raise the same arguments they made before the district court. 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). App. 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. Body Mass Index (BMI) is a simple index of weight-for-height that is commonly used to classify underweight, overweight and obesity in adults. 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." Thornton and Jones then moved for a new trial pursuant to Fed. 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. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. 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. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 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. denied, --- U.S. ----, 112 S.Ct. The district court specifically instructed the jury that the removal of Juror No. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. [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. See United States v. Cameron, 464 F.2d 333, 335 (3d 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. 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." 12 during the trial. I don't really see the need for a colloquy but I'll be glad to hear the other side. 2d 769 (1990). 924(c)(1) (1988 & Supp. We review the joinder of two or more defendants under Fed.R.Crim.P. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir. We will address each of these allegations seriatim. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. 2971, 119 L.Ed.2d 590 (1992). 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. His nickname, Moochie, established him as an irrepressible character in film. 1991), cert. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. Bryan Thornton Case Summary On 10/06/2021 USAfiled an Other - Other Criminal lawsuit againstBryan Thornton. 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." Sec. 1985), cert. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. . United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. 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." The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. 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."). For the foregoing reasons, we will affirm the judgments of conviction and sentence. 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. at 93. 664, 121 L.Ed.2d 588 (1992). 2d 481 (1985) (Opinion of Blackmun, J.)). 880, 88 L.Ed.2d 917 (1986), but we believe these cases support the government. denied, 445 U.S. 953, 100 S.Ct. denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. Frankly, I think Juror No. The jury found Fields not guilty of one count of using a firearm during a drug trafficking offense, Under the Rule, "Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. 92-1635. The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. at 50-55. at 2378. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. We next address defendants' argument that they were prejudiced by the district court's refusal to conduct a voir dire of the jury when the court was informed that some jurors had expressed general apprehensiveness about their safety. Jamison provided only minimal testimony regarding Thornton. 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." 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." bryan moochie'' thorntonnovavax vaccine update canada. at 92. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. 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." Nonetheless, not every failure to disclose requires reversal of a conviction. at 744-45. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. Net Reaction. 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." Michael Baylson, U.S. Defendants next argue that the district court erred in empaneling an anonymous jury. 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. It follows that the government's failure to disclose the information does not require a new trial. 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. We A reasonable probability is a probability sufficient to undermine confidence in the outcome.' denied, 497 U.S. 1029, 110 S. Ct. 3284, 111 L. Ed. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. at 92. 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