U.S. v. Smith

Defendant was entitled to new sentencing hearing on finding that defendant had violated terms of his supervised release, where Dist. Ct. judge that imposed instant 15-month term of incarceration had also made appearance as prosecutor in hearing on defendant’s first violation of terms of his supervised release that occurred prior to her appointment to District Ct. bench. District Ct.’s involvement in prior matter constituted ground for disqualification under 28 USC section 455(b) that could not be waived.