Letellier
United States v. Letellier
Opinion
Lead Opinion
MEMORANDUM *
Donald Letellier appeals the district judge’s decision not to recuse himself under 28 U.S.C. § 455 and his 188-month sentence for his convictions of one count of conspiracy to distribute controlled substances and five counts of distribution of methamphetamine.
The district court judge would be required to disqualify himself if a “reasonable person with knowledge of all of the facts would conclude that the judge’s impartiality might reasonably be questioned.” 1 There is nothing in the record *547 to suggest that Judge George’s impartiality can “reasonably” be questioned. Letellier argues that the district court improperly injected itself in the plea bargaining process in violation of Federal Rule of Criminal Procedure 11, and that fact demonstrates the need for recusal. But the record does not demonstrate a Rule 11 violation, nor any damage to the reality or appearance of impartiality.
Letellier argues that the district court erred by using the “pure” weight of the methamphetamine to establish his base offense level. The sentencing judge determined the pure drug weight from the Probation Office’s finding that the drugs involved in these transactions equated to 267.2…