The following excerpt is from U.S. v. Elfgeeh, 515 F.3d 100 (2nd Cir. 2008):
We deny Abad's request, however, that we remand to a different district judge. "As a general rule, even when a sentencing judge has, been shown to have held erroneous views or made incorrect findings ... resentencing before a different judge is required only in the rare instance in which the judge's fairness or the appearance, of the judge's fairness is seriously in doubt." United States v. Bradley, 812 F.2d 774, 782 n. 9 (2d Cir.), cert. denied, 484 U.S. 832, 108 S.Ct. 107, 98 L.Ed.2d 67 (1987). This is not such an instance.
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