United States v. McLain

ORDER ON MOTION TO RECUSE

KOVACHEVICH, District Judge.

This cause is before the Court on motion to recuse filed by Defendant on July 26, 1988 and response thereto.

Defendant was tried before this Court and convicted on March 16, 1985, on all but one count of the indictment. On April 26, 1985, the Court sentenced Defendant as follows: Count 1-eight years, Count 2-eight years concurrent with Count 1, Count 3-eight years concurrent with Counts 1 and 2, Count 4-fifteen years consecutive to Counts 1, 2, and 3.

On August 7, 1987, the Eleventh Circuit Court of Appeals reversed Defendant’s conviction and…