United States v. Allen L. Streit

Allen L. Streit appeals for the second time his sentence under the Sentencing Guidelines, following our remand for resentencing. We affirmed his conviction for assault on a federal officer and for using or carrying a firearm during a crime of violence, in United States v. Streit, 962 F.2d 894 (9th Cir.1992).

The facts and procedural history are contained in the published opinion. The only questions now before this court are whether the trial judge should have recused himself; and whether the trial judge correctly applied the sentencing guidelines as required by the judgment in the first appeal.

Motion to Disqualify Judge

When the case was called for resentencing, Streit filed a motion to disqualify the judge for bias. We have examined the record and find no evidence of bias against this particular appellant. We do find a disposition on the part of the judge to impose a new sentence as close to the original sentence as possible within the guidelines applicable to the case. The decision of this court made it clear that the judge was free to impose such a sentence, provided the sentence proceedings and results were consistent with the guidelines.

Nothing in the record in this…