Legal Opinion

In re Mitan

Court of Appeals for the Third Circuit

Decided September 5, 2014No. 14-3207Published

1Opinion of the Court

OPINION

2Per curiam

Kenneth Mitán filed this petition for a writ of mandamus seeking an order compelling the District Judge presiding over his motion pursuant to 28 U.S.C. § 2255 to recuse himself. We will deny the petition.

Mitán was convicted by a jury in 2009 of federal mail and wire fraud, and related offenses. He was sentenced to 262 months in prison and restitution of more than 1.5 million dollars. We affirmed the judgment and sentence. United, States v. Mitan, 499 Fed.Appx. 187, 188 (3d Cir.2012). In June 2014, Mitán filed a motion to vacate his sentence pursuant to 28 U.S.C. § 2255. He also filed a…

3Cases cited9 opinions

  1. Liteky v. United StatesSupreme Court of the United States · 1994
  2. Securacomm Consulting, Inc. v. Securacom Inc.Court of Appeals for the Third Circuit · 2000
  3. In Re United States of AmericaCourt of Appeals for the First Circuit · 1981
  4. In Re School Asbestos Litigation. Pfizer Inc. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Lac D'AmiAnte Du Quebec, Ltee., Intervenor. Kaiser Cement Corporation v. The Honorable James McGirr Kelly, Nominal School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Lac D'AmiAnte Du Quebec, Ltee, Intervenor. Acands, Inc. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Lac D'AmiAnte Du Quebec, Ltee, Intervenor. Asten Group, Inc. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Lac D'AmiAnte Du Quebec, Ltee, Intervenor. W.R. Grace & Co.-Conn. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Asten Group, Inc., Dana Corporation, Pfizer, Inc., Pittsburgh Corning Corporation, and W.R. Grace & Co.-Conn. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Georgia-Pacific Corporation v. The Honorable James McGirr Kelly, Nominal School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, and a Conditionally Certified Class, Kaiser Cement Corporation v. The Honorable James McGirr Kelly, Nominal School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School DistrictCourt of Appeals for the Third Circuit · 1992
  5. In Re: Kensington International Limited and Springfield Associates, Llc, in Re: D.K. Acquisition Partners, L.P. Fernwood Associates, L.P. And Deutsche Bank Trust Company AmericasCourt of Appeals for the Third Circuit · 2003

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