The following excerpt is from United States v. Sawyer, 892 F.3d 558 (2nd Cir. 2018):
"Three considerations ... 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." United States v. DeMott , 513 F.3d 55, 59 (2d Cir. 2008) (quotation marks omitted). We have previously determined that "[h]aving reimposed an identical sentence after the first remand, the district judge may reasonably be expected to have substantial difficulty ignoring his previous views during a third sentencing proceeding." Id. The same reasoning favors reassignment in this case, where the district judge has noted on the record her continuing disagreement with this court and has informed us that "it would probably be better for judicial economy if another judge sentence for a third time." Resentencing Tr. at 53.
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