United States v. Earl Foddrell

This is an appeal from a judgment of conviction rendered on January 30, 1975, following a jury trial in which the defendant was found guilty of possessing heroin, with intent to distribute it, in violation of 21 U.S.C. §§ 812, 841(a)(1) and 841(b)(1)(A) 197Q. 1

The appellant raises five issues on appeal. Our review of the record convinces us that the District Court properly refused to recuse itself on the ground that the trial judge had conducted an eleven day hearing on wire tapping and had read a presentence report before sentencing the defendant on July 31, 1973, after the appellant had…