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U.S. v. MELTON

No. 12-4008.

738 F.3d 903 (2013)

UNITED STATES of America, Plaintiff-Appellee v. Nathan MELTON, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 26, 2013.

Attorney(s) appearing for the Case

Raphael M. Scheetz , Cedar Rapids, IA, for appellant.

Lisa C. Williams , AUSA, Cedar Rapids, IA, for appellee.

Before LOKEN, GRUENDER, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

In 2009, Nathan Melton was convicted of bank fraud and sentenced to 18 months imprisonment and 5 years supervised release. Melton's supervised release has been revoked three times. Melton now challenges the third revocation proceeding, arguing that the district judge should have recused from the proceeding. We hold that the district court1 did not commit plain error by not recusing sua sponte.

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