What is the test for a motion to remand for trial before a different judge?

The Government contends that this case should be remanded for trial before a different judge, because the district court has indicated that it found the Government's case to be weak. We find this request to be frivolous in light of the Government's concession that the district court has shown no personal bias. See United States v. Doe, 655 F.2d 920, 929 (9th Cir. 1980). Not only was it proper for the court to express its opinion about the Government's case; we note our agreement with the district court's preliminary assessment of the weakness of the Government's case. We hold only that the district court erred in dismissing the indictment too early in the criminal proceedings. If the Government does not offer substantial evidence to support its theory by the time it rests its case, the district court can properly grant a motion for acquittal.