Is it appropriate to remand and assign the case to a different judge?

MultiRegion, United States of America

The following excerpt is from United States v. Diaz, No. 14-983-cr (2nd Cir. 2015):

Diaz requests that we remand her case with instructions to assign the case to a different judge. "[T]he principal factors considered by us in determining whether further proceedings should be conducted before a different judge are (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 . . . , (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." United States v. Robin, 553 F.2d 8, 10 (2d Cir. 1977).

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