Archive | recusal

Wednesday, July 20th, 2016

Second Circuit Updates – July 20, 2016

There were three summary orders from the circuit today.

Remanded again: In United States v. White, the circuit reaffirmed that the district court must consider material post-sentencing conduct when resentencing a defendant. Ms. White’s case had already been remanded by the circuit once before because the district judge did not make factual findings to support a sentence enhancement. At the resentencing, the district court made ambiguous comments suggesting that it was ignoring her post-sentencing rehabilitation. The circuit, therefore, sent Ms. White’s case back to the district judge again. This time, the judge must consider whether the evidence of Ms. White’s rehabilitation merited a reduced term of supervised release.

Two affirmances: In United States v. Galanis, the circuit upheld the district court’s revocation of bail pending trial because there was probable cause that the defendant had continued his criminal activity; and, in United States v. Sturgis, the circuit …


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Categories: bail, recusal, rehabilitation

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Wednesday, July 16th, 2008

Bank Failure

United States v. Carlton, No. 07-2344-cr (2d Cir. July 16, 2008) (Winter, Miner, Cabranes, CJJ) In June of 2004, after a hearing, Judge Robinson found that Carlton, who was on supervised release for a bank robbery, had committed another one. He sentenced Carlton to 30 months’ imprisonment. About a year later, the government indicted Carlton for that same robbery and the case was randomly assigned to Judge Robinson. Carlton asked the judge to recuse himself, but he refused. A jury convicted Carlton, and the judge sentenced him to 600 months’ imprisonment. On appeal, he argued that it was error for the judge not to recuse himself, but the circuit disagreed. Nothing that the judge said or did at the supervised release revocation would cause his “impartiality reasonably to be questioned.” Moreover, the judge did not have “personal knowledge of disputed evidentiary facts concerning the proceeding.” Judge Robinson’s knowledge did not …

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Categories: recusal, Uncategorized

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Categories: recusal, Uncategorized

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