Klock

MEMORANDUM **

In this appeal, Appellant Dale “Tom” Klock contends that the district judge erred by: (1) refusing to recuse himself from the proceedings; and (2) allowing a government witness to provide the jury with inadmissible hearsay statements and highly prejudicial testimony. We have jurisdiction pursuant to 28 U.S.C. § 1291 (2000), and we affirm.

Because the parties are familiar with the facts of this case, we recount them here only where necessary to explain our decision.

1. Recusal

We review the district judge’s decision not to recuse himself under 28 U.S.C. § 144 and 28 U.S.C. § 455 for an abuse of discretion. See United States v. Hernandez, 109 F.3d 1450, 1453 (9th Cir.1997). The district judge appropriately exercised his discretion in refusing Klock’s motion to recuse.

As required by § 455, the judge made a personal, independent assessment of whether a reasonable person could question his impartiality. The district judge concluded that a disinterested person would not question his impartiality based solely on the fact that the Montana Freemen had previously filed a lien on his property. This conclusion was not an abuse of discretion. See United States v. Studley,…