KAZONIS

v.

UNITED STATES

Citator

Cited By (53 total)

• United States v. DeLUNA, 763 F.2d 897 (8th Cir. 1985)
  …nt began after a former prosecutor took office as a judge, he or she is not considered to have been “of counsel” and is not required by § 455 to disqualify himself or herself. Barry v. United States, 528 F. 2d 1094, 1098-99 (7th Cir.), cert. denied, 429 U.S. 826, 97 S.Ct. 81, 50 L.Ed.2d 88 (1976). We hold that the magistrate was not required by § 455 to disqualify himself. The magistrate was not government counsel in this case. Appellants do not argue that the investigation which led to the present prosecu…
• United States v. Murphy, 768 F.2d 1518 (7th Cir. 1985)
  …, 455 U.S. 909, 102 S.Ct. 1256, 71 L.Ed.2d 447 (1982) (appearance of impropriety, and perhaps even actual impropriety, may not be raised for the first time on collateral attack); Barry v. United States, 528 F. 2d 1094, 1100 (7th Cir.), cert. denied, 429 U.S. 826, 97 S.Ct. 81, 50 L.Ed.2d 88 (1976) (when the trial is “impeccably fair and just” an erroneous failure to recuse is harmless error), A judicial impropriety serious enough, and secret enough, to escape everyone’s notice before trial probably also wou…
• Iron Workers Local # 272 v. Bowen, 624 F.2d 1255 (5th Cir. 1980)
  …sive benefit” provision of section 302(c)(5), and not simple breaches of fiduciary duty, violate that provision. See, e. g., Lugo v. Employees Retirement Fund of the Illumination Products Industry, 529 F. 2d 251, 255 (2d Cir.), [*1259] cert. denied, 429 U.S. 826, 97 S.Ct. 81, 50 L.Ed.2d 88 (1976); Bowers v. Moreno, 520 F. 2d 843, 845-46 (1st Cir. 1975); Alvares v. Erickson, 514 F. 2d 156, 165 (9th Cir.), cert. denied, 423 U.S. 874, 96 S.Ct. 143, 46 L.Ed.2d 106 (1975) ; Hutchinson, The Federal Prudent Man Ru…