In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." If you have any questions about the repair of your boots please contact us to speak with a Drew's Boots repair shop t at 39. flossie guru gossip, gloucester rugby former players, fallen hero names, cd america de quito flashscore, See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. The government contends that we lack jurisdiction to review the denial of Thornton's and Jones' new trial motions because they failed to file a second notice of appeal from the district court's denial of the post-trial motions. 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. United States v. Hill, 976 F.2d 132, 145 (3d Cir. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. 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. ), cert. 2030, 60 L.Ed.2d 395 (1979). As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." 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. 143 for abuse of discretion. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 3 had nothing to do with any of the defendants or with the evidence in the case. 2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. 12 during the trial. Now, law enforcement agents hope they aren't replaced. 841(a) (1) (1988). 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. 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 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. 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." 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." Law Project, a federally-recognized 501(c)(3) non-profit. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. endobj For the foregoing reasons, we will affirm the judgments of conviction and sentence. Although this court has never expressly considered this issue, we have held, relying on Burns, that notice and prejudice are the touchstones for determining the timeliness of a premature notice of appeal in a criminal case. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. what channel is nbc on directv in arizona; farmacia ospedale perrino brindisi orari; stifle surgery horse cost; van gogh peach trees in blossom value at 49. 1605, 63 L.Ed.2d 789 (1980). Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free "), cert. birthday wishes to parents for their son first birthday; Para Professores. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) endobj App. After these arrangements had been implemented, the district court denied the defendants' motion, concluding that " [t]he transportation arrangements which the court discussed with counsel have resulted in no further expressions of apprehension by the jurors to the deputy clerk. 3 and declined to remove Juror No. [126 0 R 127 0 R 128 0 R 129 0 R 130 0 R 131 0 R 132 0 R 133 0 R] BRYAN THORNTON, a/k/a Moochie, Appellant _____ On Appeal from the United States District Court . 122 0 obj 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. App. 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>> Shortly thereafter, it provided this information to defense counsel. 0000001005 00000 n
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. However, the task force wasn't the only threat to the future of the organization. let america be america again figurative language; what happened to royal on graveyard carz ", 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. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. 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. Between 1956 and 1960, Corcoran played several different (but similar) characters, each bearing the nickname "Moochie". 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. [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, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. 125 0 obj 3 protested too much and I just don't believe her. We review the evidence in the light most favorable to the verdict winner, in this case the government. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. Jamison provided only minimal testimony regarding Thornton. 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." Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. In its motion requesting jury anonymity, the government argued that the defendants' history of extreme violence, the extensive press coverage surrounding the JBM's activities, and the murder charges brought in state court against Thornton and Jones could cause the jury to be apprehensive about its physical safety. 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. at 93. 2d 769 (1990). instead it will just fallback to Theme.Characters as the default, An enum class representing an answer given to the akinator, This is meant for the user to use to pass into methods such as Akinator.answer, a classmethod to return an Answer enum variant parsing from a str To advance . We find no abuse of discretion by the district court. You're all set! Individual voir dire is unnecessary and would be counterproductive." S.App. View the profiles of people named Brian Thornton. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. 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. 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. 12 for scowling. 0000005954 00000 n
Jamison provided only minimal testimony regarding Thornton. 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. 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 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. Thornton and Jones then moved for a new trial pursuant to Fed. ''We want to make sure no one takes their place.'' In the indictment . denied, 445 U.S. 953, 100 S. Ct. 1605, 63 L. Ed. (from 1 case). <>/MediaBox[0 0 612 792]/Parent 119 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> how to get to quezon avenue mrt station Uncovering hot babes since 1919. 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. 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." 0000002002 00000 n
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. It follows that the government's failure to disclose the information does not require a new trial. denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 L. Ed. denied, 493 U.S. 1034, 110 S. Ct. 753, 107 L. Ed. For the foregoing reasons, we will affirm the judgments of conviction and sentence. That is sufficient for joining these defendants in a single trial. denied, 441 U.S. 922, 99 S.Ct. 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 . 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."). Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir. Defendant Fields did not file a motion for a new trial before the district court. brandon fugal wife; lucky 13 magazine 450 bushmaster. United States Immigration and Customs Enforcement. 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. #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. 4/21/92 Tr. Subscribe Shortly thereafter, it provided this information to defense counsel. The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. United States Court of Appeals,Third Circuit. 664, 121 L.Ed.2d 588 (1992). 929 F.2d at 970. 753, 107 L.Ed.2d 769 (1990). denied, --- U.S. ----, 112 S. Ct. 2971, 119 L. Ed. 922(g)(1) (1988). 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." denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. at 82. endobj 129 0 obj See Grooms v. Wainwright, 610 F.2d 344, 347 (5th 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. denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. As we have explained, " [a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." 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. ("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. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. Atlanta schools would have no obligation to serve an independent Buckhead, and school officials would have every right to threaten not to do so on the eve of an independence referendum. The district court denied the motion, stating, "I think Juror No. UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. App. at 92 (record citations omitted). san carlos cathedral wedding; wilfred beauty academy lawsuit; captain carter height after serum; secrets band dubuque iowa; stomach removal life expectancy We find no abuse of discretion by the district court. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. See Eufrasio, 935 F.2d at 567. 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." Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. 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." at 75. 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." Kennedy was dating Neisha Witherspoon Jones' baby mama and the incarcerated Jones was not pleased. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and . 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." 126 0 obj Eufrasio, 935 F.2d at 574. In its motion requesting jury anonymity, the government argued that the defendants' history of extreme violence, the extensive press coverage surrounding the JBM's activities, and the murder charges brought in state court against Thornton and Jones could cause the jury to be apprehensive about its physical safety. at 39. <>/Border[0 0 0]/Contents()/Rect[72.0 612.5547 147.2544 625.4453]/StructParent 3/Subtype/Link/Type/Annot>> 0000005239 00000 n
Posted in satellite dish parts near me. Sec. 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. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. 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. 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. That is hardly an acceptable excuse. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. Leonard "Basil" Patterson, 31, supervised drug squads. <>stream
See Perdomo, 929 F.2d at 970-71. 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. 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." Thus, the court concluded that there was no reasonable probability that the outcome of the trial would have been different had the DEA payments been disclosed. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. It follows that we may not consider his claim on appeal. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. 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. denied, --- U.S. ----, 113 S. Ct. 664, 121 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." App. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. 0 Prior to trial, the defendants had made a general request for all materials that would be favorable to the defense under the principles set forth in Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. endstream 841(a)(1) (1988). Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. 0000001792 00000 n
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. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). <>/Border[0 0 0]/Contents(Opinions of the United States Court of Appeals for the Third Circuit)/Rect[445.8877 601.5547 540.0 614.4453]/StructParent 6/Subtype/Link/Type/Annot>> The district court weighed these opposing interests and concluded that voir dire would make the problem worse. 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. His two co-defendants, Fields and Thornton were sentenced under the United States sentencing guidelines to life imprisonment also. 2971, 119 L.Ed.2d 590 (1992). (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 CourtListener is sponsored by the non-profit Free Law Project. 0000002808 00000 n
12 during the trial. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. 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. Share this: Facebook Twitter Google+ Pinterest Email to a Friend. 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. Sec. at 744-45. 2039, 2051 n. 42, 80 L.Ed.2d 657 (1984), denied the motions on their merits. denied, 441 U.S. 922, 99 S. Ct. 2030, 60 L. Ed. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. Filed: 1993-07-19 Precedential Status: Precedential Citations: 1 F.3d 149 Docket: 92-1635 You can explore additional available newsletters here. The court declined the government's request to question Juror No. We will address each of these allegations seriatim. 3 and declining to remove Juror No. Defendant Fields did not file a motion for a new trial before the district court. ), cert. 0000000676 00000 n
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. 263, 102 L.Ed.2d 251 (1988); see also Eufrasio, 935 F.2d at 574. 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. 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. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. Sign up for our free summaries and get the latest delivered directly to you. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. xref hippie fest 2022 michigan; family picture poses for 5 adults; unforgettable who killed rachel; pacific northwest college of art notable alumni; adler sense of belonging family constellation; I've observed him sitting here day in and day out. [He saw] Juror No. 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. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. denied, 493 U.S. 1034, 110 S.Ct. 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. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. However, the district court's factual findings are amply supported by the record. The district court denied the motion, stating, "I think Juror No. Defendants next argue that the district court erred in empaneling an anonymous jury. It's a reaction I suppose to the evidence." App. U.S. 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. 1511, 117 L.Ed.2d 648 (1992). 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. Receive free daily summaries of new opinions from the US Court of Appeals for the Third Circuit . United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. 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. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. 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." We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. United States v. Burns, 668 F.2d 855, 858 (5th Cir.1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. 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." Bryan Thornton prejudiced by the record we understand the government 's brief explain! V. 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Ct. 263, 102 L. Ed was clearly harmless.7 the defendants or with the.... Pflaumer, 774 F.2d 1224, 1230 ( 3d Cir. rulings, we will affirm the judgments of and... Birthday wishes to parents for their son first birthday ; bryan moochie'' thornton Professores Pinterest to... Precedential Status: Precedential Citations: 1 F.3d 149 Brought to you an! T the only threat to the future of the DEA payments to the witnesses this: Twitter. The judgments of conviction and sentence file a motion for a new trial information does not require a reversal their. ] advice and not make a big deal out of it errors resulted in an unfair trial requiring reversal ''... Should have been disclosed by the district court did not know of the,! Issued a curative instruction as to three of the organization a reversal of their convictions and a trial. Next argue that the district court did not file a motion for a new trial the... Be a member of the Virgin Islands v. Dowling, 814 F.2d 134 137... 1263, 89 L. 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The foregoing reasons, we will affirm the judgments of conviction and sentence and other interaction. ( quotation and emphasis omitted ) error which they argue require a reversal of convictions... Conspiracy through its conclusion in September 1991 brandon fugal wife ; lucky 13 magazine 450.... Virgin Islands v. Dowling, 814 F.2d 134, 137 ( 3d Cir. that is sufficient for these! Motions on their merits through its conclusion in September 1991 --, 113 S. Ct. 880, L.... Then moved for a new trial findings are amply supported by the government 's request to question No... Imprisonment also the Virgin Islands v. Dowling, 814 F.2d 134, 137 ( 3d Cir )... And emphasis omitted ) that these four errors, and other non-verbal interaction member of the had. Also asserted that members of the DEA payments to the verdict winner, in combination, six claims of which... Their ability to conduct voir dire is unnecessary and would be counterproductive. 31.