What is the test for remand for resentencing to a different judge?
MultiRegion, United States of America
The following excerpt is from United States v. Yamashiro, 788 F.3d 1231 (9th Cir. 2015):
Although we generally remand for resentencing to the original district judge, we remand to a different judge if there are unusual circumstances. United States v. Rivera, 682 F.3d 1223, 1237 (9th Cir.2012) (quoting United States v. Quach, 302 F.3d 1096, 1103 (9th Cir.2002) ). To determine whether there are unusual circumstances that would warrant reassignment, we consider the following three factors:
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