Sundrud
United States v. Sundrud
Opinion
Opinion
Moskowitz, J.
ORDER DENYING MOTION TO DISMISS INDICTMENT AND TO RE-GUSE ALL JUDGES OF THE CENTRAL DISTRICT
Defendant Kenneth Sundrud is charged in a one-count indictment with assaulting a federal officer resulting in the infliction of bodily injury in violation of 18 U.S.C. § 111 (a)(1), .(b). He has filed a motion seeking dismissal of the indictment and the recusal of both the Office of the U.S. Attorney for the Central District of California and the judges of the U.S. District Court for the Central District of California. The Deféndant bases the recusal motions on the appearance of bias, but does not allege any actual bias or prejudice on the part of the prosecutors or judges. On October 26, 2005, the Court held oral argument. For the reasons discussed below, Defendant’s motion' is DENIED.
I. BACKGROUND
The charges against Sundrud stem from a July 29, 2005 incident at the Spring Street United States Courthouse in Los Angeles. On that day, Sundrud allegedly entered the courthouse, appearing agitated and intoxicated. He was observed to be speaking loudly to a male companion. Court Security Officers (“CSOs”) approached Sundrud in the lobby and asked him to leave, Sundrud refused and the CSOs…