U.S. v. Smith

Ct. of Appeals suspended consideration of defendant’s appeal of 15-month term of incarceration imposed by Dist. Ct., after finding that defendant had violated certain terms of his supervised release by testing positive for marijuana and by violating rules of halfway house, where he had been living. Record contained some evidence that Dist. Ct. Judge had participated in previous revocation of defendant’s supervised release prior to becoming Dist. Ct. Judge. As such, parties were directed to submit supplemental briefs as to whether section 455(b)(3) of Judicial Code applied so as to disqualify instant Dist. Ct. Judge from deciding current revocation petition.