United States v. Harris, No. 11-10053 (9th Cir. 2012)
Annotate this CaseDefendant appealed his sentence following his conviction of three counts of assaulting a federal correctional officer. The sentence was imposed by a judge other than the trial judge, whose unavailability for sentencing was unexplained. A judge visiting the District of Arizona imposed the sentence with insufficient familiarity with the case. Because of that unfamiliarity and the unjustified replacement of the trial judge, the sentencing violating Federal Rule of Criminal Procedure 25(b) with prejudice. Accordingly, the court vacated the sentence and remanded for sentencing by the trial judge.
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