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973 F.2d 910

Docket No. 91-8577.

United States v. Liteky

Eleventh Circuit Court of Appeals

Decided Sept. 28, 1992.

Eleventh Circuit Court of Appeals · decided 1992-09-28

2 counsel of record

Key passage — most relied on by later courts

“matters arising out of the course of judicial proceedings are not a proper basis for recusal.”

quoted by 1 later decision, including Liteky et al United States

Applies 18 U.S.C. § 1361 · 28 U.S.C. § 144 · 28 U.S.C. § 455

Relies on City of Long Beach v. Southwest Aircraft Services, Inc. · Barrett v. Zweibon · Davis v. Board of School Commissioners

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1992-09-28

How this case has been cited

Cited by 14 later decisions (1 by the Supreme Court) — most recently December 2013

9 federal appellate ·

120199220002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Peter Thompson, Thompson, Lundquist & Sicoli, Ltd., Minneapolis, Minn., for defendants-appellants.

¶2G.F. Peterman, III, Asst. U.S. Atty., Macon, Ga., for plaintiff-appellee.

¶3Before ANDERSON, Circuit Judge, HILL and ESCHBACH *, Senior Circuit Judges.

¶5PER CURIAM.

¶6In 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), cert. 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 *911contend 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. •

¶7Conclusion

¶8We AFFIRM the convictions.

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