Read In Re: U.S., 06-1136

Government's petition for mandamus seeking judge's recusal, an end to investigation of the government and a prompt start of trial in a criminal case is granted where: 1) the investigation order was not supported by new evidence; 2) the court had no legal reason to delay the trial; and 3) there was a reasonable appearance of bias on the part of the district court judge.

Appellate Information

• Decided 03/24/2006
• Published 03/24/2006

Judges

• LYNCH, Circuit Judge., Before LYNCH, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Kathleen A. Felton, Attorney, Appellate Section, Criminal Division, United States Department of Justice, with whom Alice S. Fisher, Assistant Attorney General, Criminal Division, was on petition for a writ of mandamus and motion to stay district court proceedings, for petitioner.


• For Appellees:
  
• Howard Srebnick, with whom Black, Srebnick, Kornspan & Stumpf, P.A., Francisco Rebollo Casalduc, Edgar Vega-Pabon, G. Richard Strafer, and G. Richard Strafer, P.A., were on opposition to petition for a writ of mandamus, for respondents Rene Vazquez-Botet and Marcos Morell-Corrada.