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.
- Decided 03/24/2006
- Published 03/24/2006
LYNCH, Circuit Judge., Before LYNCH, LIPEZ, and HOWARD, Circuit Judges.
United States First Circuit
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.
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.