United States v. R. Randall Walker

HENLEY, Senior Circuit Judge.

This appeal arises from a resentencing ordered by another panel of this court (the “first panel”). United States v. Walker, 896 F.2d 295 (8th Cir.1990). Appellant argues that the district judge 1 should have recused himself from the resentencing due to an ex parte viewing of certain evidence which extra-judicially and personally biased the judge against the appellant and that the total sentence 2 ordered was an abuse of discretion amounting to cruel and unusual punishment. We conclude that the events pointed to by appellant did not warrant recusal, that the total…