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U.S. v. BERGER

No. 03-12110 Non-Argument Calendar.

375 F.3d 1223 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Dwayne A. BERGER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 30, 2004.

Attorney(s) appearing for the Case

Dwayne A. Berger, Lisbon, OH, pro se.

Jane Wilcox Swift, Amy Levin Weil, U.S. Atty., Atlanta, GA, for Plaintiff-Appellee.

Before ANDERSON, BIRCH and WILSON, Circuit Judges.

PER CURIAM:

Dwayne Berger appeals the district court's failure to appoint counsel for his post-conviction, post-appeal Federal Rules of Criminal Procedure Rule 33 evidentiary hearing. Berger also alleges, for the first time on appeal, that the district judge should have recused herself. We AFFIRM the district court's decision not to appoint counsel and not to recuse.

I. BACKGROUND

In a four-count indictment, Berger was charged with: (1) conspiring...

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