United States v. Michael Anthony Pizzo (1972)

As previously stated the issue has not been specifically addressed by this Court, but substitution of a judge after a verdict is rendered is more analogous to the issue presented here than substitution of a judge during trial. [6] See U.S. v. Russell, 776 F.2d 955, 956-59 (11th Cir.1985); U.S. v. Pizzo, 453 F.2d 1063, 1064-65 (3d Cir.), cert. denied, 406 U.S. 922 , 92 S.Ct. 1788 , 32 L.Ed.2d 122 (1972); State v. Russo, 262 N.J.Super. 367 , 621 A.2d 50, 54 (1993); State v. De…

As stated by the United States Court of Appeals for the Eighth Circuit, "there is no independent federal right to be sentenced by the same judge that took a guilty plea and [we] find no constitutional provision that guarantees such a right." Taylor v. Bowersox, 329 F.3d 963, 969 (8th Cir.2003); see also United States v. Russell, 776 F.2d 955, 959 (11th Cir.1985) (holding that the defendant is not entitled to be sentenced by the judge who took his plea when the judge made no …

As stated by the United States Court of Appeals for the Eighth Circuit, “there is no independent federal right to be sentenced by the same judge that took a guilty plea and [we] find no constitutional provision that guarantees such a right.” Taylor v. Bowersox, 329 F.3d 963, 969 (8th Cir. 2003); see also United States v. Russell, 116 F.2d 955, 959 (11th Cir. 1985) (holding that the defendant is not entitled to be sentenced by the judge who took his plea when the judge made n…

United States v. Pizzo, 453 F.2d 1063, 1066 (3d Cir.), cert. denied, 406 U.S. 922 (1972).