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FOSTER v. U.S.

No. 89-CF-1185.

618 A.2d 191 (1992)

Paul C. FOSTER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 30, 1992.

Attorney(s) appearing for the Case

David Mehler, Washington, DC, appointed by this court, was on the brief for appellant.

Jay B. Stephens, U.S. Atty., with whom John R. Fisher, Elizabeth Trosman, and Lynn Leibovitz, Asst. U.S. Attys., Washington, DC, were on the brief, for appellee.

Before STEADMAN and WAGNER, Associate Judges, and REILLY, Senior Judge.

ORDER

PER CURIAM.

Appellant, claiming error in a trial court refusal to recuse, seeks resentencing, or at least consideration of his motion to reduce sentence,1 before a different judge. In refusing to recuse, the trial court relied on two erroneous principles of law. First, it stated that the Code of Judicial Conduct had no binding effect, a proposition refuted by the en banc decision in Scott v. United States,

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