Darrell Smith v. United States
1. Should not a Judge have recused himself, reference 28 U.S.C. §455 (b)(2), from prosecutions and sentencing of the Petitioner, and his Companies, when, five year prior to prosecution, in 2011/2012, his actions, as an attorney, created or helped to create, the very financial problems for which the Petitioner was eventually charged for allegedly committing in 2011/2012?
2. Should not the Eighth Circuit Court of Appeals have allowed Smith's recusal argument to be heard, issuing a Certificate of Appealability when they were supplied with undeniable proof that the Judge which sentenced the Petitioner, created, or helped create, the very financial problems for which the Petitioner was eventually charged for allegedly committing in 2011/2012, a C.O.A. being issued in accordance with Hohn v. U.S. 524 U.S. 236, 141 L.Ed. 2d 242, 118 S.Ct. 1969, Case 96-8986 (1998)?
Whether a federal judge should have recused himself under 28 U.S.C. §455(b)(2) due to prior involvement in creating the financial problems underlying the criminal prosecution