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U.S. v. OWENS

No. 89-6313.

902 F.2d 1154 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Johnie M. OWENS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 10, 1990.

As Amended May 21, 1990.

As Amended June 7, 1990.

Attorney(s) appearing for the Case

Cecil C. Varney, Varney, Simons & Associates, Williamson, W.Va., for defendant-appellant.

Joseph F. Savage, Jr., Asst. U.S. Atty., Huntington, W.Va., for plaintiff-appellee.

Michael W. Carey, U.S. Atty., Huntington, W.Va., for plaintiff-appellee.

Before HALL and WILKINSON, Circuit Judges, and ELLIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

ELLIS, District Judge:

In this appeal, appellant attacks the district judge's refusal to recuse himself from ruling on appellant's Rule 35 motion and the subsequent denial of that motion. Because we find the district judge ruled correctly in both respects, we affirm.

I.

Appellant Johnie M. Owens, a former Mingo County Sheriff (1980-82) and political leader, was convicted in 1987 in Mingo County Circuit...

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