United States v. Dennise Astrevia Carignan

Appellant was indicted, tried and convicted for possession with intent to distribute a controlled substance [cocaine] in violation of 21 U.S.C. § 841 (a)(1). She assigns three errors: (1) that the district judge erred in refusing to disqualify himself; (2) that the district court erred in refusing to suppress certain evidence obtained as a result of the search of appellant’s apartment; and (3) that the district court erred in refusing to place appellant on probation.

I.

Appellant concedes that she cannot show a violation of 28 U.S.C. § 144 , which, as judicially construed, requires that the bias or prejudice of the judge be twofold: (1) personal, i. e. directed against the party, and (2) extra-judicial. Berger v. United States, 255 U.S. 22 , 41 S.Ct. 230 , 65 L.Ed. 481 (1922); United States v. Azhocar, 581 F.2d 735, 739 (CA9 1978), cert. denied- U.S. -, 99 S.Ct. 1213 , 59 L.Ed.2d 454 (Feb. 20, 1979). Appellant has met neither of these requirements. The prejudice, if any, was against appellant’s attorney, rather than appellant, and the alleged prejudice was not extrajudicial.

Appellant attempts to utilize the provisions of 28 U.S.C. § 455 (a), which provides, among other things,…