No. of Recommendations: 2
Joyce Allen on Twitte re US v Martin: This is persuasive authority that Judge Cannon must step aside if the case falls to her as a permanent assignment. Her court & certainly the 11th won't tolerate the damage it would do to their credibility if she failed to voluntarily recuse.
455 F.3d 1227
UNITED STATES of America, Plaintiff-Appellant,
v.
Michael MARTIN, Defendant-Appellee.
IV. REASSIGNMENT 60
Finally, based on our review of the record and the elements that this Court considers in determining whether to reassign a case to a different judge where there is no indication of actual bias, see United States v. Torkington, 874 F.2d 1441, 1447 (11th Cir.1989) (per curiam), we have determined it wiser to remand this case with instructions to reassign it to a different judge. This is the second appeal in Martin's case and the second time we have had to reverse the sentence that the district court gave Martin. On remand, the district court changed its sentence from 60 months' probation to only 7 days' imprisonment and failed to properly take into account the § 3553(a) factors. In light of the two reversals in this case and three other appeals in which we have reversed the same judge for extraordinary downward departures that were without a valid basis in the record,11 we find it likely that "the original judge would have difficulty putting his previous views and findings aside." Id.
https://www.courtlistener.com/opinion/77406/united... 