In what circumstances will a judge order that a defendant's sentencing be re-sentenced to a different judge?

We have no reason to question the district judge's ability to proceed impartially. Nonetheless, we conclude that reassignment is advisable to preserve the appearance of justice. The district judge in this case expressed strong views about Rivera's alleged "manipulative" use of his family members during proceedings. Indeed, the judge continued the August 24 proceedings precisely because he was concerned that he might take his frustrations out on Rivera. In view of the district judge's comments, the interest in preserving the appearance of justice outweighs any duplication of effort. See United States v. Reyes, 313 F.3d 1152, 1160 (9th Cir.2002).

We accordingly direct that the case be reassigned to a different judge for re-sentencing.¹²