United States v. John Patrick Liteky, Charles Joseph Liteky, Roy Lawrence Bourgeois
UNITED STATES of America, Plaintiff-Appellee, v. John Patrick LITEKY, Charles Joseph Liteky, Roy Lawrence Bourgeois, Defendants-Appellants
Subsequent history: aff'd, Liteky v. United States, 510 U.S. 540 (1994). (read from the later opinion; check before relying)
Opinion
PER CURIAM.
In 1990, Charles Liteky, Patrick Liteky, and Father Roy Bourgeois spilled blood on federal property as part of a protest against the United States’ involvement in El Salvador. The defendants were convicted of violating 18 U.S.C. § 1361 , which prohibits “willfully injurpng] ... any property of the United States....” Before the trial, the defendants requested that the district judge recuse himself, see 28 U.S.C. § 144 ; 28 U.S.C. § 455 (a), because he had presided over Father Bourgeois’ 1983 conviction, which also related to a protest regarding United States policy toward El Salvador. But matters arising out of the course of judicial proceedings are not a proper basis for recusal.
United States v. Alabama, 828 F.2d 1532, 1540 (11th Cir.1987), ce rt. denied, 487 U.S. 1210 , 108 S.Ct. 2857 , 101 L.Ed.2d 894 (1988);
In re Corrugated Container Antitrust Litigation, 614 F.2d 958 (5th Cir.), cert. denied, 449 U.S. 888 , 101 S.Ct. 244 , 66 L.Ed.2d 114 (1980);
Davis v. Board of School Comrs., 517 F.2d 1044 (5th Cir.1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976). Therefore, the district court properly rejected the motion. The defendants also *911 contend that the district court denied them a fair trial. After carefully reviewing the defendants’ arguments as well as the record on appeal, we have concluded that those arguments are without merit. • Conclusion We AFFIRM the convictions.
How later courts describe this case
Explanatory parentheticals written by citing courts — 4 in all; the most informative distinct ones are shown.
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(“[Mlatters arising out of the course of judicial proceedings are not a proper basis for recusal.”)
Cited by 15 cases
View all citing references →- U.S. Supreme Court1
- U.S. Courts of Appeals5
- Federal District Courts5
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- State Appellate Courts2
- Territorial Courts1
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