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United States v. Najeragordillo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 26, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
FRANCISCO MIGUEL ANGEL NAJERAGORDILLO, DEFENDANT.

ORDER OF RECUSAL

On August 25, 2009, this court entered an Order granting Najera-Gordollo's motion to set aside his plea and sentence in this matter, and directed the United States Attorney to make the necessary arrangements to have the defendant returned to this court for further proceedings consistent with that order.

At the time of original sentencing, the undersigned judge made certain comments relative to the defendant and the sentence which should be imposed.*fn1 Now, after defendant returns to court, if he is either found guilty after trial or seeks to persuade the court to accept another guilty plea, it will be necessary for the court to again consider the appropriate sentence. If that responsibility should fall upon me, I could be subject to the criticism that I have already made up my mind, based on defendant's now vacated plea, as to the appropriate sentence to be imposed. See United States v. Quach, 302 F.3d 1096 (9th Cir. 2002) (remanding for resentencing by a different judge where the original sentencing judge would reasonably be expected to have substantial difficulty in putting out of his mind previously expressed views or findings based on evidence that must be rejected.)

Under the circumstances, the more prudent course is for the undersigned judge to recuse himself from all further proceedings in this case involving Najera-Gordillo. The Clerk is directed to take the necessary steps to have this case, as to defendant Najera-Gordillo only, reassigned to another judge.

IT IS SO ORDERED.


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