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HARDY v. U.S.

No. 1013, Docket 89-2008.

878 F.2d 94 (1989)

Jeanne H. HARDY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 30, 1989.

Attorney(s) appearing for the Case

Mark D. Oettinger, Burlington, Vt. (Bloomberg & Oettinger, Burlington, Vt., on the brief), for petitioner-appellant.

David V. Kirby, Chief, Crim.Div., Burlington, Vt. (George J. Terwilliger, III, U.S. Atty., John M. Conroy, Asst. U.S. Atty., Burlington, Vt., on the brief), for respondent-appellee.

Before NEWMAN, CARDAMONE, and WINTER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal concerns the timing of a recusal challenge. Jeanne Hardy appeals from an order of the District Court for the District of Vermont (Albert W. Coffrin, Chief Judge), denying her motion, brought pursuant to 28 U.S.C. § 2255 (1982), to vacate a sentence imposed for bank fraud. Hardy sought to vacate her sentence on the ground that the sentencing judge's ownership of shares in one of the banks she defrauded created an appearance...

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