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IN RE U.S.

No. 98-1765.

158 F.3d 26 (1998)

In re UNITED STATES (Lorenzo Munoz Franco, et al.), Petitioner.

United States Court of Appeals, First Circuit.

Decided October 13, 1998.

Attorney(s) appearing for the Case

J. Douglas Wilson, Attorney, Criminal Division, U.S. Department of Justice, with whom Guillermo Gil, United States Attorney, was on brief, for petitioner.

Michael S. Pasano, with whom Zuckerman Spaeder Taylor & Evans, LLP, Graham A. Castillo Pagan, Joseph J. Rucci, Jr., and Rucci, Burnham, Carta & Edelberg were on brief for respondents Ariel and Enrique Gutierrez.

Harry Anduze Montaño, with whom Jorge L. Arroyo Alejandro was on brief, for respondent Lorenzo Muñoz Franco.

Before TORRUELLA, Chief Judge, SELYA and BOUDIN, Circuit Judges.

SELYA, Circuit Judge.

After Chief Judge Cerezo of the United States District Court for the District of Puerto Rico set a firm trial date in a case presently pending before her, United States v. Lorenzo Munoz-Franco, 14 F.Supp.2d 167 (D.Puerto Rico 1998) the government moved at the eleventh hour to disqualify the judge from further involvement. The judge denied the motion following a three-day evidentiary hearing. The...

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