U.S. v. GIPSON

No. 87-1032.

835 F.2d 1323 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny Walter GIPSON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 4, 1988.


Attorney(s) appearing for the Case

Robert Mydans, Asst. U.S. Atty. (William S. Price, U.S. Atty., and Mark D. McBride, Asst. U.S. Atty., on the brief), Oklahoma City, Okl., for plaintiff-appellee.

Marjorie Ramana (Allan DeVore, on the brief), The DeVore Law Firm, P.C., Oklahoma City, Okl., for defendant-appellant.

Before LOGAN and MOORE, Circuit Judges, and ANDERSON, District Judge.


JOHN P. MOORE, Circuit Judge.

This appeal raises the issue of whether an unconditional guilty plea constitutes a waiver of the right to appeal from the denial of a motion seeking recusal of a trial judge pursuant to 28 U.S.C. § 455. We hold that the plea constitutes a waiver of the denial of recusal under § 455(a) but not under § 455(b). We conclude, however, because the trial judge had no real prior association with the defendant, there were no grounds...

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