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U.S. v. EISENBERG

Crim. No. 89-218.

734 F.Supp. 1137 (1990)

UNITED STATES of America, Plaintiff, v. Leo EISENBERG, Richard Cannistraro and Richard Bertoli, Defendants.

United States District Court, D. New Jersey.

March 22, 1990.

Attorney(s) appearing for the Case

Robert P. Warren and John M. Fietkiewicz, Asst. U.S. Attys., and David M. Rosenfield, Special Asst. U.S. Atty., Office of U.S. Atty., Newark, N.J., for Government.

Barry M. Fallick, Rochman, Platzer, Fallick & Rosmarin, New York City, for defendant Leo M. Eisenberg.

Richard S. Cannistraro, New York City, pro se.

Michael B. Pollack, New York City, for defendant Richard Cannistraro, on these motions.

Patricia Codey, Asst. Fed. Public Defender, Newark, N.J., Stand-by counsel to defendant Richard S. Cannistraro.

Franklin M. Sachs, Podvey, Sachs, Meanor and Catenacci, Newark, N.J., for defendant Richard Bertoli.

OPINION

LECHNER, District Judge.

Defendant Richard O. Bertoli ("Bertoli") filed this motion pursuant to 28 U.S.C. § 455(a) ("section 455(a)") and Rule 32 of the Federal Rules of Criminal Procedure ("Rule 32") for recusal because he asserts there may be a question of my impartiality as a result of comments he previously made about me and because I may have received data about Bertoli while presiding over a prior case, United States v. Cannistraro...

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