Unpublished Disposition, 914 F.2d 1497 (9th Cir. 1990)
Annotate this CaseUNITED STATES of America, Plaintiff-Appellee,v.Stefan VON METZGER, Defendant-Appellant.
No. 89-50349.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted Aug. 8, 1990.Decided Sept. 28, 1990.
Before POOLE, KOZINSKI and DAVID R. THOMPSON, Circuit Judges.
MEMORANDUM*
Even though the government had a strong case against the defendant, the district judge's intervention was so pervasive and prejudicial as to interfere with the defendant's right to a fair trial and cast doubt on the jury's verdict. United States v. Bennett, 702 F.2d 833, 836 (9th Cir. 1983); United States v. Pena-Garcia, 505 F.2d 964, 967 (9th Cir. 1974); see also United States v. Allsup, 566 F.2d 68, 72-73 (9th Cir. 1977).
The judgment of conviction is vacated and the case is remanded for further proceedings. To preserve the appearance of impartiality, Judge Hauk will probably let another judge preside over the new trial.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3
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