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U.S. v. ANDERSON

No. 97-11205.

160 F.3d 231 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Tony Leroy ANDERSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 10, 1998.

Attorney(s) appearing for the Case

Delonia Anita Watson, Dallas, TX, Marc W. Barta, Joe C. Lockhart, Fort Worth, TX, for Plaintiff-Appellee.

Timothy William Crooks, Fort Worth, TX, for Defendant-Appellant.

Before REYNALDO G. GARZA, JONES and DeMOSS, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

Tony Leroy Anderson appeals his sentence of forty-six months after pleading guilty to one count of bank robbery. We vacate his sentence and remand for resentencing because we find that the district judge should have recused himself prior to sentencing.

I. Factual Background

On July 11, 1997, Tony Leroy Anderson, pled guilty to one count of bank robbery before the...

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