Hall

MEMORANDUM **

Appellants Jerome “Jeru” Hall (“Hall”) and Taasen Sumeru (“Sumeru”) appeal their convictions for securities fraud, wire fraud, and in Sumeru’s case, money laundering conspiracy and failure to file an income tax return as well. Appellants contend that the trial court participated in their trial to such an extent as to render it unfair. Having conducted a thorough review of the record, we agree that Hall and Sumeru were prejudiced by the trial court’s excessive and biased interventions. Accordingly, we reverse and remand this case for a new trial before a different judge.

While a district court judge has considerable discretion in the management of his courtroom, the judge “must be ever mindful of the sensitive role [he] plays in a jury trial and avoid even the appearance of advocacy or partiality.” United States v. Harris, 501 F.2d 1, 10 (9th Cir.1974). A trial court’s participation in the proceedings warrants reversal “if the record ... leaves the reviewing court with an abiding impression that the judge’s remarks and questioning of witnesses projected to the jury an appearance of advocacy or partiality.” United States v. Mostella, 802 F.2d 358, 361 (9th Cir.1986)…