USA v. Kelley Williams, No. 12-31164 (5th Cir. 2014)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on January 13, 2014.
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Case: 12-31164 Document: 00512497952 Page: 1 Date Filed: 01/13/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 12-31164 FILED January 13, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. KELLEY WILLIAMS, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:12-CR-194 Before REAVLEY, DAVIS, and HIGGINSON, Circuit Judges. PER CURIAM: * Appellant raises no issue for the appeal except that the judge s statement, about knowing Ben Bagert for many years, was grounds for questioning the judge s impartiality as reason for his disqualification. Bagert was a victim of Williams' offense who testified at sentencing about the conduct of the defendant to which she had pleaded guilty. There is here no impairment of a judge by preventing his ability to rule or decide fully free of personal partiality. Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 12-31164 Document: 00512497952 Page: 2 Date Filed: 01/13/2014 No. 12-31164 If appellant thought there could be a basis for any concern, she could have sought to inquire at the sentencing or thereafter even through motions to substitute counsel, to obtain bail pending appeal, and even to extend selfreporting, all filed to the same sentencing judge and unaccompanied by any motion to recuse or inquire further into the acquaintanceship disclosed at sentencing. With this record we must affirm. AFFIRMED. 2
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