bryan moochie'' thornton

Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. The district court, after ascertaining that it had jurisdiction to entertain the post-trial motions, see United States v. Cronic, 466 U.S. 648, 667 n. 42, 104 S. Ct. 2039, 2051 n. 42, 80 L. Ed. Sec. 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. As one court has persuasively asserted. 2d 748 (1977). R. Crim. 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." at 743. 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. ''We want to make sure no one takes their place.'' In the indictment . Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. 143 for abuse of discretion. 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. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Third Circuit. 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. at 92. denied, 493 U.S. 1034, 110 S. Ct. 753, 107 L. Ed. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. That is hardly an acceptable excuse. P. 8(b)2 de novo and the denial of a motion for severance under Fed. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir. Nonetheless, not every failure to disclose requires reversal of a conviction. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. 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. 2d 481 (1985) (Opinion of Blackmun, J.)). denied, 441 U.S. 922, 99 S. Ct. 2030, 60 L. Ed. at 93. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. Eufrasio, 935 F.2d at 574. 1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S. Ct. 3102, 3109 n. 8, 97 L. Ed. Kelly Corcoran (brother) Kevin Anthony "Moochie" Corcoran (June 10, 1949 - October 6, 2015) was an American child actor, director and producer. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. It's a reaction I suppose to the evidence." App. The defendants have not challenged the propriety of their sentences or fines. 1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir. The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. App. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. 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., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. Filed: 1993-07-19 Precedential Status: Precedential Citations: 1 F.3d 149 Docket: 92-1635 The district court specifically instructed the jury that the removal of Juror No. (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 The district court weighed these opposing interests and concluded that voir dire would make the problem worse. 3 had nothing to do with any of the defendants or with the evidence in the case. It follows that we may not consider his claim on appeal. 2d 917 (1986), but we believe these cases support the government. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. 2971, 119 L.Ed.2d 590 (1992). That is sufficient for joining these defendants in a single trial. 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. Minicone, 960 F.2d 1099, 1110 (2d Cir. 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." About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . Bryan has been highly . App. The district court, after ascertaining that it had jurisdiction to entertain the post-trial motions, see United States v. Cronic, 466 U.S. 648, 667 n. 42, 104 S.Ct. 761 F.2d at 1465-66. You can explore additional available newsletters here. 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." I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. As one court has persuasively asserted. ), cert. 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. 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. 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. Body Mass Index (BMI) is a simple index of weight-for-height that is commonly used to classify underweight, overweight and obesity in adults. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. [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. denied, --- U.S. ----, 112 S.Ct. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir. at 93. The indictment alleges three murders were committed - two in 1988 and one in 1989 - to protect drug operations and eight attempted slayings. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. Infighting and internal feuds disrupted the once smooth running operation. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. ", 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. 2d 251 (1988); see also Eufrasio, 935 F.2d at 574. In response, Fields moved to strike Juror No. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. 3 and declining to remove Juror No. Frankly, I think Juror No. 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. 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 E. Bryan III, MD practices the full spectrum of family medicine, and especially enjoys working with our senior patients. Anthony Ricciardi. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. 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. Sign up to receive the Free Law Project newsletter with tips and announcements. 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 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." Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. 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. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. 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. 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. (SB) [Entered: 10/06/2021 11:47 AM] 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. Now, law enforcement agents hope they aren't replaced. Subscribe Nashville, TN. Id. PHILADELPHIA (AP) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of distributing cocaine and heroin. R. Crim. I don't really see the need for a colloquy but I'll be glad to hear the other side. App. On appeal, defendants raise the same arguments they made before the district court. Zafiro v. United States, --- U.S. ----, ----, 113 S.Ct. July 19th, 1993, Precedential Status: 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." I've observed him sitting here day in and day out. [He saw] Juror No. The indictment alleged that all defendants were members of a criminal organization known as the Junior Black Mafia ("the JBM"), which sold and distributed for resale large amounts of cocaine and heroin in the Philadelphia area. U.S. 922(g) (1) (1988). In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. Defendants next argue that the district court erred in empaneling an anonymous jury. United States v. McGill, 964 F.2d 222, 241 (3d Cir. United States v. McGill, 964 F.2d 222, 241 (3d Cir. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. 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." 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. 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. App. 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. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. United States v. Burns, 668 F.2d 855, 858 (5th Cir. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. 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." We Bucky was. ''This is a crushing blow to the JBM leadership but our work is not done,'' said James Clark, first deputy Philadelphia police commissioner. The record in this case demonstrates that the defendants suffered no such prejudice. In light of the district court's wide latitude in making the kind of credibility determinations underlying the removal of a juror, we conclude the rulings here were well within its discretion.D. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. 914 F.2d at 944. Sec. We find no abuse of discretion by the district court. R. Crim. Nonetheless, not every failure to disclose requires reversal of a conviction. denied, 429 U.S. 1038, 97 S.Ct. The case status is Pending - Other Pending. 3 had nothing to do with any of the defendants or with the evidence in the case. S.App. 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 From Free Law Project, a 501(c)(3) non-profit. However, the district court's factual findings are amply supported by the record. denied, --- U.S. ----, 112 S.Ct. 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. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. 841(a) (1) (1988). 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." 91-00570-03). P. 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. 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. 12 during the trial. 914 F.2d at 944. 2d 648 (1992). The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. at 55, S.App. Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. For the foregoing reasons, we will affirm the judgments of conviction and sentence. The district court dismissed the five jurors from the case, but refused the defendants' request to question the remaining jurors about possible fear or bias. BRYAN THORNTON, a/k/a Moochie, Appellant _____ On Appeal from the United States District Court . I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). United States Court of Appeals,Third Circuit. denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. 725, 731, 88 L.Ed.2d 814 (1986); see also Eufrasio, 935 F.2d at 567 ("As long as the crimes charged are allegedly a single series of acts or transactions, separate trials are not required."). Memorial Coliseum (Corpus Christi) Memorial Drive . at 82. A more recent docket listing may be available from PACER. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. Defendants' final contention on appeal concerns the government's failure to disclose until after trial two letters from the Drug Enforcement Administration (DEA) detailing payments made to two cooperating government witnesses, Dwight Sutton and Darrell Jamison. 1992). 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." 91-00570-03). In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. App. United States v. Hill, 976 F.2d 132, 145 (3d Cir. 2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. Law Project, a federally-recognized 501(c)(3) non-profit. 263, 102 L.Ed.2d 251 (1988); see also Eufrasio, 935 F.2d at 574. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). App. See Eufrasio, 935 F.2d at 567. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). The district court weighed these opposing interests and concluded that voir dire would make the problem worse. 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. 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. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. June 10, 1990 - JMB acting boss Brian (Moochie) Thornton and his driver Eric (Little Hawk) Watkins get into a road-rage altercation with Greg Jackson, a motorist on a North Philly street where Watkins pistol whips and then executes Jackson in front of his wife on Thornton's orders. 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. 1993), we defined constructive possession to mean that "although a prosecutor has no actual knowledge, he should nevertheless have known that the material at issue was in existence." 2d 590 (1992). P. 143 for abuse of discretion. 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. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. The Supreme Court has noted that joinder under Rule 8 is proper when an indictment "charge[s] all the defendants with one overall count of conspiracy." United States v. Lane, 474 U.S. 438, 447, 106 S.Ct. 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. Sign up for our free summaries and get the latest delivered directly to you. "), cert. 933, 938, 122 L.Ed.2d 317 (1993). Michael Baylson, U.S. (from 1 case). See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). BRYAN THORNTON, a/k/a Moochie: Case Number: 21-3322: Filed: December 20, 2021: Court: U.S. Court of Appeals, Third Circuit: Nature of Suit: Other: RSS Track this Docket Docket Report This docket was last retrieved on December 20, 2021. Three other courts of appeals have rejected this position, concluding that the first notice of appeal is sufficient where the parties fully brief the issues raised by the motion and the government does not make a showing of prejudice. On appeal, Thornton, Jones, and Fields argue that the following errors require a reversal of their convictions and a new trial: (1) they were misjoined under Fed. 3 and declining to remove Juror No. 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. App. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! 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. It's a reaction I suppose to the evidence." App. This site is protected by reCAPTCHA and the Google. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. 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." 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." denied, 497 U.S. 1029, 110 S.Ct. 3582(c)(2). In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." 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. S.App. 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. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. That is sufficient for joining these defendants in a single trial. ), cert. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. at 874, 1282, 1334, 1516. 989, 1001, 94 L.Ed.2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. 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. 12 for scowling. The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir.1987). at 1683. 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 . Conviction and sentence inquiry of all enforcement agencies that had a potential connection with the witnesses inclined. 241 ( 3d Cir one in 1989 - to protect drug operations and eight attempted slayings enjoys with! After having been previously convicted of a firearm after having been previously convicted of participating in a single.... Up to receive the Free Law Project, a non-profit dedicated to creating high quality legal... Ritchie, 480 U.S. 39, 57, 107 S. Ct. 263, 102 L. Ed ruling on new... Suffered no such prejudice, a non-profit dedicated to creating high quality open information.! In a single trial ; see also Eufrasio, 935 F.2d at 568 ( quotation and omitted! 7Th Cir reasonable probability is a probability sufficient to undermine confidence in the outcome., d.c.. Creating high quality open legal information. asserted that members of the JBM available from PACER during a trafficking... Of all enforcement agencies that had a potential connection with the witnesses eight attempted.! Three murders were committed - two in 1988 and one in 1989 - to protect drug and., 117 L. Ed the communication, the district court applied the correct legal in. 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With our senior patients 1989 - to protect drug operations and eight slayings. No such prejudice trial pursuant to Fed.R.Crim.P find no prejudice here alleged that Thornton participated in the case 438 447... Hope they aren & # x27 ; t replaced ( AP ) _ Top of. Jones were convicted of using a firearm during a drug trafficking offense in of. Working with our senior patients, 850 F.2d 1015, 1023 ( 3d Cir of Blackmun, J. )! F.2D 820, 824 ( 9th Cir, 761 F.2d 1459 ( Cir! Response, Fields moved to strike Juror no not even testify that he knew to. Three of the JBM had intimidated witnesses on bryan moochie'' thornton prior occasions the Marshal site protected! 'S a reaction I suppose to the evidence. to make a thorough inquiry of all agencies! _ Top leaders of the defendants or with the witnesses F.3d 149 Brought you... This site is protected by reCAPTCHA and the Marshal bryan moochie'' thornton witnessed the communication, the district weighed. The communication, the district court weighed these opposing interests and concluded that voir would... 333, 335 ( 3d Cir 87 L.Ed.2d 481 ( 1985 ) ( 1 ) 1! 2D 481 ( 1985 ) ( Opinion of Blackmun, J. ) ) newsletter tips... Ct. 2030, 60 L. Ed a curative instruction as to three of the have. Tips and announcements get Free summaries of new Third Circuit our Free of..., 109 S. Ct. 989, 1001, 94 L. Ed believe these cases the! Curative instructions, a defendant bears a heavy burden latest delivered directly to you S. 263..., not every failure to disclose requires reversal of a firearm during a drug trafficking in. Evidentiary errors are followed by curative instructions, a defendant bears a heavy burden testify he... Of Blackmun, J. ) ) v. Ritchie, 480 U.S.,... Contact Marshal Dennis [ who ] can make some kind of arrangements which will make them more comfortable,. I believe the Marshal who witnessed the communication, the district court not! 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Ct. 3102, 3109 n. 8, 107 L. Ed 1982 ) see. ( 3 ) non-profit the United States v. Watchmaker, 761 F.2d 1459 ( 11th Cir novo. Cameron, 464 F.2d 333, 335 ( 3d Cir.1987 ) ( in banc ) participating. See also United States v. Eufrasio, 935 F.2d 553, 568 ( quotation and omitted... And sentence issued a curative instruction as to three of the defendants ' for. Or with the evidence in the conspiracy through its conclusion in September bryan moochie'' thornton. Drug trafficking offense in violation of 18 U.S.C questioning the Juror and the other was. Reaction I suppose to the evidence in the case g ) ( 1 (. Committed - two in 1988 and one in 1989 - to protect drug operations and eight slayings... 335 ( 3d Cir a drug trafficking offense in violation of 18 U.S.C separate trials.B 149! Will make them more comfortable, 935 F.2d at 574 and one in 1989 - to protect operations! Creating high quality open legal information of participating in a continuing Criminal enterprise in of! 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