United States v. Dwayne A. Berger
Court of Appeals for the Eleventh Circuit
Non-Argument Calendar.
1Per curiam
Dwayne Berger appeals the district court’s failure to appoint counsel for his post-conviction, post-appeal Federal Rules of Criminal Procedure Rule 33 evidentiary hearing. Berger also alleges, for the first time on appeal, that the district judge should have recused herself. We AFFIRM the district court's decision not to appoint counsel and not to recuse.
I. BACKGROUND
In a four-count indictment, Berger was charged with: (1) conspiring to commit a bank robbery 'with Marsarah Kelly and Akiba Rakilam, in violation of 18 U.S.C. § 1951; (2) aiding and abetting Kelly’s bank robbery and assault with…
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