United States v. Snyder

LYNCH, Circuit Judge.

In this unusual case, a trial judge sua sponte recused himself from sentencing because he found himself “unwilling, as a matter of conscience” to apply the U.S. Sentencing Guidelines as interpreted by this court. The defendant, who might have otherwise benefitted from the judge’s lenient views, claims that the judge had a duty to sit, that his decision to recuse himself was therefore in error, and that the case should be remanded back to the judge for resentencing. In the alternative, the defendant objects to the sentence imposed upon him by a different judge to whom his…