United States v. Zagari

MEMORANDUM OPINION ON MOTION TO DISQUALIFY

BREWSTER, Senior District Judge.

A four count indictment charging the defendant with offenses of income tax evasion was returned into this Court on April 14, 1976. Judge Samuel Conti was drawn under the Assignment Plan of the District as the judge to try the case. 1 Philip Scott Ryan, counsel for the defendant, considered that they had had a bad draw, 2 and promptly set out upon a course to get a new judge to try the case. Counsel indicated in an appearance before the Magistrate two weeks after the return of the indictment that he expected Judge Conti…