judge created an appearance of partiality and recusal was required

US v. Amico, No. 03-1737
Convictions and sentences on charges arising from a mortgage fraud scheme are vacated as the district judge's handling of, and reaction to, his prior dealings with the government's main cooperating witness concerning a mortgage application for the judge created an appearance of partiality and recusal was required.

district court failed to give an adequate explanation of its reasons

US v. Sindima, No. 06-2245
Conviction and sentence to probation based on guilty plea to federal mail fraud charges, with probation later being violated by new crimes resulting in a prison sentence 26 months above the high end of the advisory Guidelines range, are remanded where the district court failed to give an adequate explanation of its reasons for the length of the sentence.

district court misinterpreted U.S.S.G. section 1B1.3 and misapplied the specific offense characteristic under section 2D1.1(b)(3)

US v. Dugger, No. 06-4552
Conviction and sentence for distribution of cocaine base is vacated where the district court misinterpreted U.S.S.G. section 1B1.3 and misapplied the specific offense characteristic under section 2D1.1(b)(3)

firearm was tainted by legal error that is impermissible in Fourth Amendment analysis

US v. Wright, No. 06-1351
Conviction for possession of a firearm by a felon is vacated and remanded where the court's examination of the officers' reasonable suspicion for the search that produced the firearm was tainted by legal error that is impermissible in Fourth Amendment analysis.

CRIMINAL LAW & PROCEDURE, EDUCATION LAW, EVIDENCE, INDIAN LAW

US v. Velarde, No. 06-2126

In proceedings following defendant's conviction for sexually abusing a minor within Indian country, denial of his motion for a new trial under Rule 33(b) of the Federal Rules of Criminal Procedure based on a Brady claim is reversed where the district court erred in holding that suppressed evidence was immaterial without first either resolving a disputed question regarding whether the government suppressed information regarding the victim's supposed false accusations at school or allowing discovery to determine the nature and veracity of her supposed accusations against her teacher and vice principal.