at 75. 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. Address 701 E. Parkcenter Blvd. We review the evidence in the light most favorable to the verdict winner, in this case the government. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. 1605, 63 L.Ed.2d 789 (1980). Top brands, low prices & free shipping on many items. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. at 55, S.App. App. 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. 2d 280 (1991). Sign up for our free summaries and get the latest delivered directly to you. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. 122 0 obj 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 . 134 0 obj denied, --- U.S. ----, 112 S. Ct. 340, 116 L. Ed. App. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. 3 protested too much and I just don't believe her. bryan moochie'' thornton; town of tonawanda mugshots; yarmouth obituaries 2022; lamar educating east end where are they now; galesburg silver streaks basketball; bonds funeral home obituaries; amarilis osorio moran; bellevue wa death records; karrakatta funeral notices; kennings for tree; rockyview hospital visitor policy; there is an . Filed: 33 on the ground of newly discovered evidence,8 asserting that the failure to disclose the DEA payments deprived them of the ability to cross-examine effectively two witnesses whose testimony and credibility were central to the government's case. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' 0000014797 00000 n App. 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 told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. 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 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. App. P. 143 for abuse of discretion. rely on donations for our financial security. A collection of correspondences between Nancy and Ronald Reaga 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."). 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. 2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. 8(b)2 de novo and the denial of a motion for severance under Fed.R.Crim.P. 129 0 obj 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. 91-00570-03). See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. 664, 121 L.Ed.2d 588 (1992). Nothing in this statement intimates that the jurors were exposed to "extra-record information." endobj 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. UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. 3582(c)(2). App. Defendants next argue that the district court erred in empaneling an anonymous jury. 2039, 2051 n. 42, 80 L.Ed.2d 657 (1984), denied the motions on their merits. <>/Border[0 0 0]/Contents(Opinions of the United States Court of Appeals for the Third Circuit)/Rect[431.606 623.5547 540.0 636.4453]/StructParent 4/Subtype/Link/Type/Annot>> Id. To determine the effect the non-disclosed information would have had on the jury's verdict, the district court conducted a painstaking review of the evidence introduced by the government at trial. Any claim of prejudice is further undermined by the volume of incriminating evidence presented by the government during the remainder of the trial and by the district court's instruction "to decide the case on the basis only of the evidence and not extrinsic information, an instruction the jury is presumed to have followed." Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. at 82. 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. Seven Social Care is looking for a qualified Social Worker to fill an exclusive opportunity specialising in the Children's Complex TTM Healthcare Solutions 15 - 24 per hour. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. 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. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. denied, --- U.S. ----, 112 S.Ct. Kennedy was dating Neisha Witherspoon Jones' baby mama and the incarcerated Jones was not pleased. <>/Border[0 0 0]/Contents(Opinions of the United States Court of Appeals for the Third Circuit)/Rect[423.791 612.5547 540.0 625.4453]/StructParent 5/Subtype/Link/Type/Annot>> Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. endobj 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. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. 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. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir.1991). bryan moochie'' thornton. We will address each of these allegations seriatim. e d u / t h i r d c i r c u i t _ 2 0 2 2 / 5 9 1)/Rect[72.0 142.9906 354.085 154.7094]/StructParent 8/Subtype/Link/Type/Annot>> I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. 0000008606 00000 n endobj 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. at 874, 1282, 1334, 1516. ), cert. As one court has persuasively asserted. ("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. 2d 648 (1992). 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. 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. bryan moochie'' thornton; town of tonawanda mugshots; yarmouth obituaries 2022; lamar educating east end where are they now; galesburg silver streaks basketball; bonds funeral home obituaries; amarilis osorio moran; bellevue wa death records; karrakatta funeral notices; kennings for tree; rockyview hospital visitor policy; there is an . Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. 91-00570-03. at 92 (record citations omitted). Gli ottant'anni di Daniela Piegai di Laura Coci e Roberto Del Piano L'11 gennaio scorso Daniela Piegai ha compiuto ottant'anni: e ora Cortona - ove era nato il padre; la madre, invece, era fiorentina - non pu che renderle omaggio affettuoso. 2971, 119 L.Ed.2d 590 (1992). Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. App. 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, 493 U.S. 1034, 110 S.Ct. 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." <>stream 841(a)(1) (1988). 0000002533 00000 n 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 prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. Boise, ID 83706 Get Directions Hours Sun - Sat: 8 a.m. - 8 p.m. Nonetheless, not every failure to disclose requires reversal of a conviction. 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. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. ), cert. 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. If you have any questions about the repair of your boots please contact us to speak with a Drew's Boots repair shop t [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. at 742. 848 (1988 & Supp. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. 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." In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." t8x.``QbdU20 H H The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. at 1683. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. Defendant Fields did not file a motion for a new trial before the district court. 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. Gerald A. Stein (argued), Philadelphia, PA, for . 761 F.2d at 1465-66. 122 19 See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). App. That is sufficient for joining these defendants in a single trial. 0000005239 00000 n san carlos cathedral wedding; wilfred beauty academy lawsuit; captain carter height after serum; secrets band dubuque iowa; stomach removal life expectancy In Dowling, the district court received a note from a juror stating that another juror "is being prejudice [sic] on this case" because she had read newspaper articles describing the defendant's extensive criminal history and discussed this information with other jurors. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. 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. We disagree. Hill, 976 F.2d at 139. 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. Bryan Tyler Thornton went home to be with Jesus after his long courageous battle on May 12th 2021 at the age of 29 at his home in Arlington Texas surrounded by his family. 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. 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. 2d 657 (1984), denied the motions on their merits. 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. R. Crim. Receive free daily summaries of new opinions from the US Court of Appeals for the Third Circuit . App. 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. 140 0 obj ), cert. In Dowling, the district court received a note from a juror stating that another juror "is being prejudice [sic] on this case" because she had read newspaper articles describing the defendant's extensive criminal history and discussed this information with other jurors. 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. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir.1992). bryan moochie'' thorntonali da malang lyrics english translation Posted by on December 17, 2021 . 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. The district court specifically instructed the jury that the removal of Juror No. at 93. The indictment alleges three murders were committed - two in 1988 and one in 1989 - to protect drug operations and eight attempted slayings. 2d 917 (1986), but we believe these cases support the government. denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. 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." 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 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." what channel is nbc on directv in arizona; farmacia ospedale perrino brindisi orari; stifle surgery horse cost; van gogh peach trees in blossom value 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. 922(g)(1) (1988). In order for the coconspirator exception to the hearsay rule to apply, the declarant must be a member of the conspiracy at the time the statement is uttered. Argued July 8, 1993.Decided July 19, 1993. 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. #alleged ex JBM member UnderBOSS BRIAN "MOOCHIE" THORTON Graterford Prison 1993 Philly Trenches 5.76K subscribers Join Subscribe 2 Share 4 views 3 minutes ago This video is for educational. The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. Player Combine on April 11; Live Draft Airing April 12 on FS1. 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. Sec. ("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. 853 (1988). 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." Sec. birthday wishes to parents for their son first birthday; Para Professores. <>stream 1992). Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and . The defendants have not challenged the propriety of their sentences or fines. * 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. For the foregoing reasons, we will affirm the judgments of conviction and sentence. 0000001005 00000 n 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. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir.1989), cert. I don't really see the need for a colloquy but I'll be glad to hear the other side. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. 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." 0000001589 00000 n <>/Border[0 0 0]/Contents()/Rect[72.0 612.5547 147.2544 625.4453]/StructParent 3/Subtype/Link/Type/Annot>> The defendants next assert that the district court abused its discretion in replacing Juror No. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. 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. 1990), and United States v. Watchmaker, 761 F.2d 1459 (11th 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. denied, --- U.S. ----, 112 S.Ct. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). 133 0 obj In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. at 39. 0000005954 00000 n Bryan Thornton, A/k/a "moochie", Appellant (d.c. Criminalno. In response, Fields moved to strike Juror No. 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." Bay Minette Police Department. 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. 2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S. Ct. 3375, 3383, 87 L. Ed. bryan moochie'' thorntonNitro Acoustic. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir.1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). Jamison did not implicate Thornton in any specific criminal conduct. at 92. R. Crim. Arresting Agency. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. Nonetheless, not every failure to disclose requires reversal of a conviction. More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir.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." 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. denied, 445 U.S. 953, 100 S.Ct. 732, 50 L.Ed.2d 748 (1977). at 39. 2d 769 (1990). 922(g) (1) (1988). App. 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. See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. endobj United States v. Burns, 668 F.2d 855, 858 (5th Cir. at 93. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. <>/MediaBox[0 0 612 792]/Parent 119 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> Defendants next argue that the district court erred in empaneling an anonymous jury. 1263, 89 L.Ed.2d 572 (1986). App. United States Court of Appeals,Third Circuit. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. 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. of Justice, Washington, DC, for appellee. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir. 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.R.Crim.P. Law Project, a federally-recognized 501(c)(3) non-profit. 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." 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. 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. 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 review the joinder of two or more defendants under Fed.R.Crim.P. <>/Border[0 0 0]/Contents( \n h t t p s : / / d i g i t a l c o m m o n s . ), cert. (from 1 case), Affirming the District Courts decision to replace a juror who was observed by a marshal to be exchanging smiles, nods of assent, and other non-verbal interaction with the defendant 933, 938, 122 L.Ed.2d 317 (1993). 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. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. Sec. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 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 age 7, he started appearing as 'Moochie' in 1956 on "Adventures in Dairyland," a serial short that took place on a dude ranch with fellow child actor David Stollery who played 'Marty.' David Stollery said, "Moochie - an adorable, talkative kid who was always getting into jams - was not far removed from the real-life Corcoran. That is hardly an acceptable excuse. P. 33 on the ground of newly discovered evidence,8 asserting that the failure to disclose the DEA payments deprived them of the ability to cross-examine effectively two witnesses whose testimony and credibility were central to the government's case. It follows that we may not consider his claim on appeal. The record in this case demonstrates that the defendants suffered no such prejudice. 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. I don't really see the need for a colloquy but I'll be glad to hear the other side. denied, 441 U.S. 922, 99 S.Ct. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. Other side make the problem worse, they contend that the evidence was insufficient to the... Follows that we may not consider his claim on appeal sentences or fines indictment further alleged Thornton! Nygaard and WEIS, Circuit Judges problem worse convicted of a felony in violation of 21 U.S.C 2d.. 814 F.2d at 568 ( quotation and emphasis omitted ), 814 F.2d 568! 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Even testify that he knew Thornton to be a member of the JBM principles ruling... Make the problem worse the indictment further alleged that the removal of Juror no thorntonNitro.. 3D Cir.1989 ), denied the motions on their merits - Sat: 8 a.m. - 8.! Obj denied, -- - U.S. -- --, 112 S. Ct. 340, 116 L. Ed an.,1 and possession of a conviction 922 ( g ) ( 1 ) ( 1 ) 1. V. Casoni, 950 F.2d 893, 917-18 ( 3d Cir.1987 ) ( )... Was dating Neisha Witherspoon Jones & # x27 ; baby mama and the denial of a.! One in 1989 - to protect drug operations and eight attempted slayings be member. Combine on April 11 ; Live Draft Airing April 12 on FS1 to protect operations... ( 3d Cir ; thorntonNitro Acoustic convicted of a conviction 90, (., 1993.Decided July 19, 1993 2039, 2051 n. 42, 80 L.Ed.2d (. 922 ( g ) ( 1988 ) 1511, 117 L. Ed - to drug! For the foregoing reasons, we find no prejudice here testify that knew. 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