What is the test for reassigning a defendant to a different judge for sentencing?

MultiRegion, United States of America

The following excerpt is from United States v. Lynch, 903 F.3d 1061 (9th Cir. 2018):

The United States requests that this case be reassigned to another district judge for resentencing, but we reject this request. Reassignment on remand is highly discouraged, and such a motion will be granted "only in unusual circumstances or when required to preserve the interests of justice." United States v. Wolf Child , 699 F.3d 1082, 1102 (9th Cir. 2012). Such circumstances and interests are not present here. We have articulated three factors relevant to the consideration of whether the particular circumstances of a case meet the high standard required to justify reassignment:

Other Questions


In what circumstances will a judge order that a defendant's sentencing be re-sentenced to a different judge? (MultiRegion, United States of America)
What is the burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing? (MultiRegion, United States of America)
What is the difference between a sentence conditioned upon a jury finding of guilt and a sentence imposed by an apparently irate judge following a defendant's failure to abide by a plea agreement? (MultiRegion, United States of America)
Can a judge change his mind and re-sentencing a defendant before a different judge? (MultiRegion, United States of America)
Is a defendant's prior sentence imposed in a related case considered "related" if they are sentenced to two concurrent sentences by the same judge at the same hearing? (MultiRegion, United States of America)
What is the test for reassigning a defendant's victim allocution to a different judge on remand for sentencing? (MultiRegion, United States of America)
When will a judge reassign a defendant to a different judge after a finding that his guilty plea was not voluntary? (MultiRegion, United States of America)
What is the test for reassigning a defendant on remand to a different judge? (MultiRegion, United States of America)
When reviewing whether a sentence is procedurally reasonable, does the judge have to presume otherwise that a sentencing judge has faithfully discharged her duty? (MultiRegion, United States of America)
Is there any case law where a judge has changed the sentence of a defendant to compensate for the disallowance of a penalty imposed for wrongdoing of a different kind? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.