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U.S. v. ESCOBAR

No. 91-1285(JBW).

803 F.Supp. 611 (1992)

UNITED STATES of America v. Pablo ESCOBAR and Dandeny Munoz-Mosquera a/k/a "La Quica," a/k/a "Luis Fernando Hernandez-Hernandez," a/k/a "Esteban Restrepo Echavarria, Defendants.

United States District Court, E.D. New York.

October 13, 1992.

Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty., Brooklyn by Cheryl Pollak, Robert A. Feinberg, Brooklyn, N.Y., for U.S.

Richard A. Canton, Richard Jasper, New York City, for defendants.

MEMORANDUM AND ORDER

WEINSTEIN, District Judge.

Defendant's motion to select another judge to try this case is granted. Although a motion to recuse would have had to be denied and the federal judiciary has declined to recognize the defendant's general right to peremptorily challenge a judge in any case, the special nature of a capital case argues that such a right be afforded where death is a possible penalty...

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