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FOSTER v. U.S.

No. 90-CF-1069.

615 A.2d 213 (1992)

Thaddeus FOSTER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 6, 1992.

Attorney(s) appearing for the Case

S. Pamela Thomas, Public Defender Service, with whom James Klein, Public Defender Service, and Page Kennedy, Public Defender Service, Washington, D.C., were on the brief, for appellant.

Peter R. Zeidenberg, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John R. Fisher, Thomas C. Black, and Clifford T. Keenan, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before ROGERS, Chief Judge, FARRELL, Associate Judge, and PRYOR, Senior Judge.

ROGERS, Chief Judge:

Appellant Thaddeus Foster contends that he is entitled to be resentenced by a new judge because of the trial judge's ex parte communication, in violation of Canon 3(A)(4) and Canon 3(C)(1) of the Code of Judicial Conduct, with the D.C. Parole Board regarding its recommendation that appellant be sentenced under the D.C. Youth Rehabilitation Act, D.C.Code § 24-803 (1991 Supp.). The trial judge acknowledged, prior to sentencing appellant...

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