Defendants’ criminal contempt convictions are affirmed where: 1) the record did not indicate that the trial judge failed to consider the recusal standard under 28 U.S.C. section 455(a) in denying defendants’ motion to recuse; 2) the district court’s instruction to the government to prosecute defendants for criminal contempt did not indicate prejudgment of the case; and 3) a district court’s statements on the evidence at sentencing may not be considered as an accurate reflection of the district court’s view of the evidence during trial.

Read US v. Allen, No. 08-11041

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