How have courts reviewed the argument that a federal district judge should have recused himself from a motion for judicial review?

MultiRegion, United States of America

The following excerpt is from U.S. v. Highfill, 978 F.2d 1266 (9th Cir. 1992):

As this argument is presented for the first time on appeal, it is reviewed for plain error. United States v. Bosch, 951 F.2d 1546, 1548 (9th Cir.1991), cert. denied, 112 S.Ct. 2975 (1992).

The Highfills present no evidence that would lead a reasonable person to conclude that the district judge's impartiality might be questioned. Nor have the Highfills demonstrated any prejudice which might have resulted from an alleged bias. There was no error, let alone plain error, by the district judge in not recusing himself. See United States v. Hernandez-Escarsega, 886 F.2d 1560, 1581 (9th Cir.1989), cert. denied, 110 S.Ct. 3237 (1990); see also United States v. Grinnell Corp., 384 U.S. 563, 583 (1966).

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