U.S. v. SNYDER

Nos. 00-1043, 00-1051.

235 F.3d 42 (2000)

UNITED STATES of America, Appellee, v. Eric Gray SNYDER, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 21, 2000.

Rehearing Denied January 16, 2001.


Attorney(s) appearing for the Case

Victoria L. Nadel for appellant.

James F. Lang, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, was on brief, for appellee.

Before BOUDIN, Circuit Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.


Rehearing En Banc Denied January 16, 2001.

LYNCH, Circuit Judge.

In this unusual case, a trial judge sua sponte recused himself from sentencing because he found himself "unwilling, as a matter of conscience" to apply the U.S. Sentencing Guidelines as interpreted by this court. The defendant, who might have otherwise benefitted from the judge's lenient views, claims that the judge had a duty to sit, that his decision to recuse himself was therefore in...

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