No. 20-745
Ismael Lechuga v. United States
Response RequestedResponse WaivedRelisted (2)
Tags: abuse-of-discretion circuit-split due-process federal-procedure fifth-circuit impartiality judicial-impartiality judicial-recusal sentencing sentencing-procedure standard-of-review
Latest Conference:
2021-05-13
(distributed 2 times)
Question Presented (from Petition)
I. Whether a federal circuit court reviews the denial of a motion to recuse a district judge under 28 U.S.C. § 455(a) de novo or for an abuse of discretion.
II. Whether the Fifth Circuit erred in affirming the denial of petitioner's motion to recuse under 28 U.S.C. § 455(a) and (b)(1).
Question Presented (AI Summary)
Whether federal circuit courts should review the denial of a motion to recuse a district judge under 28 U.S.C. § 455(a) de novo or for an abuse of discretion
Docket Entries
2021-05-17
Petition DENIED.
2021-04-21
DISTRIBUTED for Conference of 5/13/2021.
2021-04-15
Reply of petitioner Ismael Lechuga filed.
2021-04-02
Brief of respondent United States of America in opposition filed.
2021-02-24
Motion to extend the time to file a response is granted and the time is further extended to and including April 2, 2021.
2021-02-23
Motion to extend the time to file a response from March 1, 2021 to April 2, 2021, submitted to The Clerk.
2021-01-21
Motion to extend the time to file a response is granted and the time is extended to and including March 1, 2021.
2021-01-19
Motion to extend the time to file a response from January 28, 2021 to March 1, 2021, submitted to The Clerk.
2020-12-29
Response Requested. (Due January 28, 2021)
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-17
Waiver of right of respondent United States to respond filed.
2020-11-24
Petition for a writ of certiorari filed. (Response due December 31, 2020)
Attorneys
Ismael Lechuga
Josh Barrett Schaffer — Schaffer Law Offices, Petitioner
United States of America
Elizabeth B. Prelogar — Acting Solicitor General, Respondent