How to reassign a case on remand to a different judge?

MultiRegion, United States of America

The following excerpt is from U.S. v. Demott, 513 F.3d 55 (2nd Cir. 2008):

Three considerations listed in United States v. Robin, 553 F.2d 8, 10 (2d Cir.1977) (per curiam), are useful in deciding whether to reassign a case on remand: "(1) whether the original judge would reasonably be expected upon remand to have substantial difficulty in putting out of his or her mind previously-expressed views or findings determined to be erroneous[,] (2) whether reassignment is advisable to preserve the appearance of justice, and (3) whether reassignment would entail waste and duplication out of proportion to any gain in preserving the appearance of fairness." Id.

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