Fernandez

MEMORANDUM *

Fernandez appeals his sentence of sixty months imposed for violation of terms of his supervised release. He argues that the district judge should have recused herself because she was exposed to extrajudicial information that was not disclosed to the defense prior to the first revocation hearing, and because her evidentiary rulings allegedly demonstrated bias. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review for abuse of discretion the denial of a recusal motion. Leslie v. Grupo ICA 198 F.3d 1152 (9th Cir.1999) (citing United States ex rel. Hochman v. Nackman, 145 F.3d 1069 (9th Cir.1998)).

Fernandez claims that because Judge Baird reviewed the letter from the therapist prior to the first revocation hearing and because she took it into account in her original sentencing decision, the letter constitutes extrajudicial evidence requiring recusal. See Liteky v. United States, 510 U.S. 540, 555 , 114 S.Ct. 1147 , 127 L.Ed.2d 474 (1994). Once Fernandez’s motion for reconsideration was granted, the sentence was vacated, the letter was provided to the parties, and the letter was considered in the context of an adversarial hearing, any earlier…