Harris

William Harris appeals his sentence of 188 months following his conviction of three counts of assaulting a federal correctional officer. The sentence was imposed by a judge other than the trial judge, whose unavailability for sentencing was unexplained. A judge visiting the District of Arizona imposed the sentence with insufficient familiarity with the case. Because of that unfamiliarity and the unjustified replacement of the trial judge, the sentencing violated Federal Rule of Criminal Procedure 25(b) with prejudice. We vacate the sentence and remand for sentencing by the trial judge.

FACTS

William Harris, 35 years old, is a member of the Salt River-Maricopa Indian Tribe. He left school at age 14. He has a history of depression, mental disturbances, and substance abuse. In 1994, at age 18, he was convicted of aggravated assault and sentenced to three years in Arizona state prison. On release from prison, his schizophrenic behavior continued as did his heavy drinking. In 2001, he suffered organic brain damage in an automobile accident. He was repeatedly convicted in tribal court of disorderly conduct with sentences of typically no more than 30 days in jail. On the…