United States v. Dennise Astrevia Carignan, 600 F.2d 762 (9th Cir. 1979). · Go Syfert
United States v. Dennise Astrevia Carignan, 600 F.2d 762 (9th Cir. 1979). Cases Citing This Book View Copy Cite
41 citation events (16 in the last 25 years) across 14 distinct courts.
Strongest positive: Thornton v. Flathead County (mtd, 2025-10-10)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 33 distinct citers. How cited ↗
discussed Cited as authority (rule) Thornton v. Flathead County
D. Mont. · 2025 · confidence medium
Notably, both statutes “require[] that the bias or prejudice of the judge be twofold: (1) personal, i.e., directed against the party, and (2) extra- judicial.” United States v. Carignan, 600 F.2d 762, 763-64 (9th Cir. 1979) (citing Berger v. United States, 255 U.S. 22 (1922)).
discussed Cited as authority (rule) Puckett v. Dyer
E.D. Cal. · 2024 · confidence medium
United States v. Carignan, 600 F.2d 762, 763 (9th Cir. 1979). 23 For the alleged bias and prejudice to be disqualifying, it must stem from an extrajudicial source 24 other than what the judge learned from his participation in the case.
discussed Cited as authority (rule) Fried v. AdaptHealth LLC
D. Del. · 2024 · confidence medium
For the bias against the attorney to require disqualification of the trial judge, it must be of a continuing and personal nature and not simply bias against the attorney because of his conduct.”) (emphasis added); United States v. Carignan, 600 F.2d 762, 764 (9" Cir. 1979) (affirming the district court’s decision to deny appellant’s motion for recusal where squabble between judge and appellant’s counsel occurred more than four (4) years prior to trial and there was no evidence to suggest that there was a continuing dispute since the squabble).
cited Cited as authority (rule) Sanders v. JD Home Rentals
E.D. Cal. · 2022 · confidence medium
United States v. Carignan, 600 F.2d 762, 763 (9th Cir. 1979).
cited Cited as authority (rule) (PC) Villery v. Jones
E.D. Cal. · 2021 · confidence medium
United States v. Carignan, 600 F.2d 762, 763 (9th Cir. 1979).
discussed Cited as authority (rule) (PC) Luedtke v. Griesbach
E.D. Cal. · 2021 · confidence medium
United States v. Carignan, 600 F.2d 762, 763 (9th Cir. 1979). 26 For the alleged bias and prejudice to be disqualifying, it must stem from an extrajudicial source 27 other than what the judge learned from his participation in the case.
cited Cited as authority (rule) United States v. Hughes
N.D. Cal. · 2020 · confidence medium
See United States v. Sibla, 624 F.2d 864, 867 (9th Cir. 1980); 22 United States v. Carignan, 600 F.2d 762, 764 (9th Cir. 1979); United States v. Olander, 584 F.2d 23 876, 882 (9th Cir. 1978).
discussed Cited as authority (rule) Williams v. Stover
E.D. Cal. · 2020 · confidence medium
United States v. Carignan, 600 F.2d 762, 763 (9th Cir. 1979). 15 In order for the alleged bias and prejudice to be disqualifying, it must stem from an extrajudicial 16 source other than what the judge learned from his participation in the case.
discussed Cited as authority (rule) United States v. Petros Odachyan
9th Cir. · 2014 · confidence medium
Odachyan did not bring a motion to disqualify the district judge under 28 U.S.C. § 144 , which provides that a judge “shall proceed no further” when presented with a “timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice.” See United States v. Carignan, 600 F.2d 762, 763-64 (9th Cir.1979).
discussed Cited as authority (rule) Rivera-Perez v. United States
D.P.R. · 2007 · confidence medium
“To require disqualification, the alleged bias or prejudice must be both ‘(1) personal, i.e., directed against a party, and (2) extrajudicial’.” Kelley, 712 F.2d at 889 (quoting U.S. v. Carignan, 600 F.2d 762, 763 (9th Cir. 1979)).
cited Cited as authority (rule) United States v. Adrian Reza Ibarra
9th Cir. · 1993 · confidence medium
See Eldred, 588 F.2d at 750 ; United States v. DeLuca, 692 F.2d 1277, 1282 (9th Cir.1982); United States v. Carignan, 600 F.2d 762, 763-64 (9th Cir.1979).
discussed Cited as authority (rule) Pueblo v. López Guzmán
prsupreme · 1992 · confidence medium
United States v. Grinnell, 384 U.S. 563, 583 , 86 S.Ct. 1698, 1710 , 16 L.Ed.2d 778 (1966); United States v. Carignan, 600 F.2d 762, 763 (9no Cir. 1979); United States v. Azhocar, 581 F.2d 735, 739 (9no Cir. 1978), cert. denegado, 440 U.S. 907 , 99 S.Ct. 1213 , 59 L.Ed.2d 454 (1979); In re Webster, 382 F.2d 79, 84 (9no Cir. 1967); Lyons v. United States, 325 F.2d 370, 376 (9no Cir. 1963), cert. denegado, 377 U.S. 969 , 84 S.Ct. 1650 , 12 L.Ed.2d 738 (1964).
cited Cited as authority (rule) In Re Kenneth M. Allison Wanda Jean Allison, Debtors. Kenneth M. Allison Wanda Jean Allison v. U.S. Bankruptcy Court
9th Cir. · 1992 · confidence medium
United States v. Sibla, 624 F.2d 864, 869 (9th Cir.1980); United States v. Carignan, 600 F.2d 762, 764 (9th Cir.1979).
discussed Cited as authority (rule) United States v. Henry Heffington, United States of America v. Manuel Richard Esteves, Jr., United States of America v. William Glenn Womble, United States of America v. Steven Gene Silva, United States of America v. Kenneth Ray Kirk
9th Cir. · 1991 · confidence medium
See United States v. Sibla, 624 F.2d 864, 867 (9th Cir.1980); United States v. Carignan, 600 F.2d 762, 764 (9th Cir.1979). 13 Womble has cited no authority for the proposition that 28 U.S.C. §§ 144 and 455 should guide the due process analysis of a search warrant issued by a state superior court judge.
cited Cited as authority (rule) United States v. Heffington
9th Cir. · 1991 · confidence medium
See United States v. Sibla, 624 F.2d 864, 867 (9th Cir.1980); United States v. Carignan, 600 F.2d 762, 764 (9th Cir.1979).
discussed Cited as authority (rule) Earle A. Partington v. Joseph M. Gedan Howard T. Chang (2×)
9th Cir. · 1989 · confidence medium
United States v. Carignan, 600 F.2d 762, 763-64 (9th Cir.1979).
discussed Cited as authority (rule) National Union Fire Insurance v. Continental Illinois Corp.
N.D. Ill. · 1986 · confidence medium
The standard for determining the appearance or fact of particular grounds for recusal or disqualification of a trial judge is the same____ Gilbert v. Little Rock, 722 F.2d 1390, 1398-99 (8th Cir.1983); see also United States v. Burt, 765 F.2d 1364, 1368 (9th Cir.1985) (“Personal bias or a prejudiced attitude must be against the party, not against the attorney for the party.”); United States v. Carignan, 600 F.2d 762, 764 (9th Cir.1979); Davis v. Board of School Commissioners, 517 F.2d 1044, 1052 (5th Cir.1975).
cited Cited as authority (rule) Pueblo v. González Navarrete
prsupreme · 1986 · confidence medium
Ed. 2d 778 (1966); United States v. Carignan, 600 F.2d 762, 763 (9no Cir. 1979); United States v. Azhocar, 581 F.2d 735, 739 (9no Cir. 1978), cert. denegado, 440 U.S. 907 , 99 S. Ct. 1213 , 59 L.
discussed Cited as authority (rule) Vaughns v. Board of Educ. of Prince George's County
D. Maryland · 1983 · confidence medium
United States v. Grinnel, 384 U.S. 563, 583 [ 86 S.Ct. 1698, 1710 , 16 L.Ed.2d 778 ] (1966); United States v. Carignan, 600 F.2d 762, 763 (9th Cir.1979); United States v. Azhocar, 581 F.2d 735, 739 (9th Cir.1978), cert. denied, 440 U.S. 907 [ 99 S.Ct. 1213 , 59 L.Ed.2d 454 ] (1979); In re Webster, 382 F.2d 79, 84 (9th Cir.1967); Lyons v. United States, 325 F.2d 370, 376 (9th Cir. 1963), cert. denied, 377 U.S. 969 [ 84 S.Ct. 1650 , 12 L.Ed.2d 738 ] (1964).
discussed Cited as authority (rule) United States v. Henry Francis Kelley (2×)
1st Cir. · 1983 · confidence medium
See In re Corrugated Container Antitrust Litigation, 614 F.2d 958, 965 (5th Cir.), cert. denied, 449 U.S. 888 , 101 S.Ct. 244 , 66 L.Ed.2d 114 (1980); United States v. Carignan, 600 F.2d 762, 764 (9th Cir.1979); Davis, supra, 517 F.2d at 1052 ; United States v. Conforte, supra, 457 F.Supp. at 657 .
cited Cited as authority (rule) United States v. Phillip John Ellsworth
9th Cir. · 1981 · confidence medium
Reading the affidavit in a common sense and realistic fashion, United States v. Carignan, 600 F.2d 762, 764 (9th *964 Cir. 1979), the magistrate was not in error in finding probable cause.
cited Cited as authority (rule) Michael R. Wood, Individually and Dba National Photo Services v. Willard W. McEwen Jr.
9th Cir. · 1981 · confidence medium
United States v. Carignan Co., 600 F.2d 762, 763 (9th Cir. 1979).
discussed Cited as authority (rule) City of Cleveland v. Cleveland Electric Illuminating Co.
N.D. Ohio · 1980 · confidence medium
Davis v. Board of School Commissioners, supra, 517 F.2d at 1051-52 ; United States v. Olander, supra, 584 F.2d at 882 ; United States v. Carignan, 600 F.2d 762, 763-64 (9th Cir. 1979); In re International Business Machines Corp., supra, 618 F.2d at 928 ; Hawaii-Pacific Venture Capital Corp. v. Rothbard, supra, 437 F.Supp. at 233 .
discussed Cited as authority (rule) United States v. John C. Winston, D.C.
9th Cir. · 1980 · confidence medium
United States v. Grinnell, 384 U.S. 563, 583 , 86 S.Ct. 1698, 1710 , 16 L.Ed.2d 778 (1966); United States v. Carignan, 600 F.2d 762, 763 (9th Cir. 1979); United States v. Azhocar, 581 F.2d 735, 739 (9th Cir. 1978), cert. denied, 440 U.S. 907 , 99 S.Ct. 1213 , 59 L.Ed.2d 454 (1979); In re Webster, 382 F.2d 79, 84 (9th Cir. 1967); Lyons v. United States, 325 F.2d 370, 376 (9th Cir. 1963), cert. denied, 377 U.S. 969 , 84 S.Ct. 1650 , 12 L.Ed.2d 738 (1964).
cited Cited "see" (PS) Henreid v. Haynes
E.D. Cal. · 2025 · signal: accord · confidence high
Craven v. United States, 22 F.2d 605, 607 (1st Cir. 1927); accord United States v. 19 Carignan, 600 F.2d 762, 763-64 (9th Cir. 1979). 20 ANALYSIS 21 I.
cited Cited "see" Jared Martin v. Superior Court of California
C.D. Cal. · 2021 · signal: see · confidence high
See 21 | Carignan, 600 F.2d 762 ; Azhocar, 581 F.2d 735, 738-40 .
cited Cited "see" Jared Martin v. R. Fisher, Jr
C.D. Cal. · 2021 · signal: see · confidence high
See 21 Carignan, 600 F.2d 762 ; Azhocar, 581 F.2d 735 , 738‐40.
cited Cited "see" Baldwin Hills Medical Group v. Los Angeles County Metropolitan Transportation Authority
9th Cir. · 2006 · signal: see · confidence high
See United States v. Carignan, 600 F.2d 762, 764 (9th Cir.1979).
cited Cited "see" John Bartholomew Carla Bartholomew v. Sheryl Stassi-Lampman, Pat Roth
9th Cir. · 1996 · signal: see · confidence high
See United States v. Carignan, 600 F.2d 762, 763-64 (9th Cir.1979).
cited Cited "see" United States v. Paul Deluca, Robert Kaye, James Danno, and John Lee
9th Cir. · 1982 · signal: see · confidence high
See United States v. Carignan, 600 F.2d 762, 763-64 (9th Cir.1979).
discussed Cited "see" Menora v. Illinois High School Ass'n
N.D. Ill. · 1981 · signal: accord · confidence high
Accord, United States v. Carignan, 600 F.2d 762 (9th Cir. 1979); Davis v. Board of School Commissioners of Mobile County, 517 F.2d 1044, 1052 (5th Cir. 1975); Duplan Corp. v. Deering Milliken, Inc., 400 F.Supp. 497, 522-23 (D.S.C.1975).
discussed Cited "see" United States v. Richard R. Sibla (2×)
9th Cir. · 1980 · signal: see · confidence high
United States v. Olander, 584 F.2d 876, 882 (9th Cir. 1978); see United States v. Carignan, 600 F.2d 762, 764 (9th Cir. 1979).
cited Cited "see" In Re International Business MacHines Corporation, United States of America v. International Business MacHines Corporation
2d Cir. · 1980 · signal: see · confidence high
See United States v. Carignan, 600 F.2d 762, 764 (9th Cir. 1979); Davis v. Board of School Commissioners, supra, 517 F.2d at 1050-52 .
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Dennise Astrevia CARIGNAN, Appellant
78-3202.
Court of Appeals for the Ninth Circuit.
Jul 13, 1979.
600 F.2d 762
Randy Montesano and Tony Tamburello, San Francisco, Cal., for appellant., Eric Swenson, Asst. U. S. Atty., San Francisco, Cal., for the U. S.
Ely, Kilkenny, Murray.
Cited by 36 opinions  |  Published
KILKENNY, Circuit Judge:

Appellant was indicted, tried and convicted for possession with intent to distribute a controlled substance [cocaine] in violation of 21 U.S.C. § 841(a)(1). She assigns three errors: (1) that the district judge erred in refusing to disqualify himself; (2) that the district court erred in refusing to suppress certain evidence obtained as a result of the search of appellant’s apartment; and (3) that the district court erred in refusing to place appellant on probation.

I.

Appellant concedes that she cannot show a violation of 28 U.S.C. § 144, which, as judicially construed, requires that the bias or prejudice of the judge be twofold: (1) personal, i. e. directed against the party, and (2) extra-judicial. Berger v. United States, 255 U.S. 22, 41 S.Ct. 230, 65 L.Ed. 481 (1922); United States v. Azhocar, 581 F.2d 735, 739 (CA9 1978), cert. denied-[*764] U.S. -, 99 S.Ct. 1213, 59 L.Ed.2d 454 (Feb. 20, 1979). Appellant has met neither of these requirements. The prejudice, if any, was against appellant’s attorney, rather than appellant, and the alleged prejudice was not extrajudicial.

Appellant attempts to utilize the provisions of 28 U.S.C. § 455(a), which provides, among other things, that: “Any justice, judge, magistrate or referee in bankruptcy of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”

While recognizing that the district judge’s bias was not directed against her personally, appellant contends that his alleged bias against her attorney afforded reasonable grounds to question his impartiality. The Fifth Circuit has held that §§ 144 and 455 must be construed in pari materia and that the test for disqualification is the same under both statutes. Davis v. Board of School Commissioners of Mobile County, 517 F.2d 1044, 1052 (CA5 1975), cert. denied, 425 U.S. 944, 96 S.Ct. 1685, 48 L.Ed.2d 188 (1976). We adopted the reasoning of Davis in United States v. Olnder, 584 F.2d 876, 882 (CA9 1978). Although Davis and a few other decisions that have considered the subject have held that bias for or against an attorney might be so virulent as to amount to bias for or against the party, Davis, supra, at 1051, and United States v. Ritter, 540 F.2d 459, 462 (CA10 1976), the appellant does not set forth any facts which would lead us to believe that this might be the case on the record before us.

As an escape hatch, appellant argues that the later Fifth Circuit case of Parrish of Board of Commissioners of Alabama State Bar, 524 F.2d 98, 103 (CA5 1975), cert. denied 425 U.S. 944, 96 S.Ct. 1685, 48 L.Ed.2d 188 (1976), by implication overrules Davis. She fails to recognize that our court in dander, which was decided subsequent to Parrish, went along with the rule adopted in Davis that the controlling test for bias and prejudice was the same under both statutes.

Moreover, we find naught in the record that would reasonably support a ground to fear that the district judge was biased against appellant. The judge’s squabble with the appellant’s attorney, Ryan, occurred more than four years prior to the trial and we find nothing to suggest that there was a running gunfight between the two during this period of time. For that matter, at the time of her indictment, appellant was represented by counsel other than Ryan. Only after the assignment of the case to the trial judge and her arraignment, did she substitute Ryan as her counsel. The record shows that she was advised by Ryan of the previous controversy while she was still represented by other counsel and, nonetheless, elected to employ him. We find no merit in appellant’s argument that due process would require the disqualification of the judge under these circumstances.

II.

Our study of the affidavit filed in support of the search warrant convinces us that there was probable cause for the issuance of the warrant. The affidavit should be read in a common sense and realistic fashion. United States v. Wong, 470 F.2d 129, 131 (CA9 1972). Appellant’s challenges to the language of the warrant are meritless.

III.

Appellant’s claim that the court erred in failing to place her on probation is groundless. Her appellate counsel has now been authorized to inspect the presentence report, the recommendation being deleted. The maximum sentence for this offense is 15 years and the average sentence is 4V2 years. A sentence of 18 months was well within the discretion of the district judge.

CONCLUSION

Finding no error, we affirm the judgment of the district court.

[*765] This court’s judgment shall issue forthwith, and no petition for rehearing will be entertained. See Rule 2, FRAP. [1]

IT IS SO ORDERED.

1

. The appellant’s motion, filed herein on June 27, 1979, is hereby denied as moot.