When will a federal judge order a different judge to sentence appellant?

MultiRegion, United States of America

The following excerpt is from U.S. v. Trzaska, 859 F.2d 1118 (2nd Cir. 1988):

We do not believe, however, as appellant argues, that the case should be remanded to a different judge. A review of the minutes of the December 10, 1987 hearing in which the district judge sentenced appellant reveals that the judge had sufficient legitimate reasons to impose the sentence that he did. Moreover, prior to appellant's violation of the special condition of his probation relating to firearms, the district judge had shown considerable leniency towards the defendant. Therefore, because we believe that there has been no showing that the sentencing 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, --- U.S. ----, 108 S.Ct. 107,

Page 1122

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