United States Fifth Circuit

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US v. Allen, 08-11041

Defendants' criminal contempt convictions are affirmed where: 1) the record did not indicate that the trial judge failed to consider the recusal standard under 28 U.S.C. section 455(a) in denying defendants' motion to recuse; 2) the district court's instruction to the government to prosecute defendants for criminal contempt did not indicate prejudgment of the case; and 3) a district court's statements on the evidence at sentencing may not be considered as an accurate reflection of the district court's view of the evidence during trial.

Appellate Information

  • Decided 10/29/2009
  • Published 10/29/2009


  • PER CURIAM:, Before GARWOOD, OWEN and SOUTHWICK, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • Susan B. Cowger (argued), Dallas, TX, for U.S., Donel Lee Davidson (argued) (Court-Appointed), Bedford, TX, for Veronica Allen., Kevin Joel Page (argued), Fed. Pub. Def., Dallas, TX, Christopher Allen Curtis, Fed. Pub. Def., Fort Worth, TX, for Bernard Allen.