What is the test for reassigning a defendant's victim allocution to a different judge on remand for sentencing?

Because the trial court committed structural error by proceeding with victim allocution while defense counsel was not present, and because the victim's statements were highly significant in the judge's sentencing consideration, reassignment is advisable to preserve the appearance of justice. See United States v. Noushfar, 78 F.3d 1442, 1448 (9th Cir.1996) (remanding with instructions to reassign the case where reversal was based on structural error). In United States v. Mikaelian, 168 F.3d 380 (9th Cir.1999), we held that reassignment to a different judge on remand for sentencing was advisable where the original judge reviewed in camera documents which could be relevant to sentencing arguments. Id. at 388. Here, as in Mikaelian, the district judge may have a difficult time putting out of his mind victim allocution that came in when defense counsel was not present. Second, the appearance of justice would be served by having another judge, who has not heard the victim allocution that came in while defendant was not represented, conduct the resentencing. Third, although reassignment will entail some duplication of effort, this case did not go to trial and accordingly does not present a new judge with a voluminous trial record to review. See id.