Legal Opinion
United States v. Kevin Brinkworth, Elizabeth Brinkworth, Richard Brinkworth, Dennis Brinkworth, Kathryn Kinsman, Jeffrey Davis and John Edwards
Court of Appeals for the Second Circuit
Decided October 19, 1995No. 569, Docket 95-1272PublishedCited by 61 opinions
1Opinion of the Court
OAKES, Senior Circuit Judge:
Appellant Kevin Brinkworth pleaded guilty to one count of falsifying tax returns in violation of 26 U.S.C. § 7206 (1988), and was sentenced to 14 months’ incarceration. The guilty plea was entered before Judge Richard Arcara, Western District of New York, and sentence was imposed by Chief Judge Michael Telesca of that district.
Brinkworth raises two issues in this appeal. First, he contends that Judge Arcara erroneously failed to recuse himself. Brink-worth filed a 28 U.S.C. § 455(a) motion to disqualify Judge Arcara eight days before scheduled commencement of…
2Cases cited29 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Liljeberg v. Health Services Acquisition Corp.Supreme Court of the United States · 1988
- Witte v. United StatesSupreme Court of the United States · 1995
- United States v. John M. MurphyCourt of Appeals for the Seventh Circuit · 1985
24 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- United States v. Thomas Zichettello, Frank Richardone, Ronald Reale, Richard Hartman, James J. Lysaght, and Peter KramerCourt of Appeals for the Second Circuit · 2000
- United States v. PattiCourt of Appeals for the Eleventh Circuit · 2003
- United States v. NoahCourt of Appeals for the First Circuit · 1997
- United States v. Kerwin Blount, AKA Jamaican, AKA John Curly, and Lloyd Streater, AKA Kevin Cash, AKA Fat BoyCourt of Appeals for the Second Circuit · 2002
- United States v. Clive Ulet McLean Jr.Court of Appeals for the Second Circuit · 2002
56 more not listed; retrieve them via the Exa API.