Criminal procedure — recusal, ex parte communication

Posted November 19, 2019 3:21 PM

Where a sentencing judge engaged in extensive ex parte communications with the prosecutor’s office the judge should have recused himself. Further, the defendant’s sentence was vacated and remanded for resentencing by a different judge.The 7th U.S. Circuit Court of Appeals reversed a decision by U.S. District Judge Colin S. Bruce, Central District of Illinois.James Atwood appeared before Bruce for sentencing after pleading guilty to three counts of federal drug crimes. The presentencing investigation report …

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