United States Seventh Circuit

Defendant's failure to raise recusal challenge before the district court under 28 USC 455(a) is a waiver of the argument for appellate review, and the mere fact that the district court judge was an Assistant U.S. Attorney at the time of defendant's indictment does not require disqualification under 28 USC 455(b)(3).

Appellate Information

• Argued 10/26/2000
• Decided 04/04/2001
• Published 04/04/2001

Judges

• KANNE, Circuit Judge., Before EASTERBROOK, KANNE, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Stuart Fullerton (argued), Office of the U.S. Atty., Civ. Div., Appellate Sec., Chicago, IL, for Plaintiff-Appellee., Wayne W. Whalen, John D. Rayis (argued), Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, for Defendant-Appellant.