Dist.Ct. did not err in imposing 121-month term of incarceration on drug distribution charge arising out of 98-gram controlled purchase of heroin. Presentencing investigation report (PSR) indicated that instant purchase was small piece of much larger criminal enterprise involving hundreds of thousands of dollars, and Ct. of Appeals rejected defendant's claim that Dist. Ct. should have recused himself under 28 USC section 455 based on claim that Dist. Ct. was not impartial, even though record showed that Dist. Ct. sua sponte continued sentencing hearing and considered evidence at reconvened sentencing hearing that supported finding that defendant had distributed additional 435 grams of methamphetamine, which, in turn, increased defendant's sentencing guideline range. Record also showed that defendant did not move for recusal during sentencing hearing, and Dist. Ct. did not otherwise demonstrate deep-seated antagonism or favoritism that would make fair judgment impossible. Moreover, Dist. Ct. could properly take testimony at reconvened sentencing hearing that focused on claim that defendant had supplied third-party with additional drugs, where said testimony was taken in effort to ensure that reliable evidence was used to enhance defendant's sentence.
