IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 97-11398
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HERNAN ENRIQUE BURGOS,
Defendant-Appellant,
and
OLGA BURGOS,
Appellant.
_______________________________________________________
Appeal from the United States District Court
for the Northern District of Texas
(4:96-CR-55-1-A)
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May 11, 1999
Before REAVLEY, JOLLY and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Because the Burgos’ attorney, Arch McColl, testified adversely to Judge McBryde in the
proceedings of the investigatory committee of the Fifth Circuit, the motion for recusal should
have been granted. United States v. Anderson, 160 F.3d 231 (5th Cir. 1998); United States v.
Avilez-Reyes, 160 F.3d 258 (5th Cir. 1998).
*
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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
The court’s order determining ownership of the bond money and granting the
Government’s request to apply it against the fine imposed on Hernan Burgos, is vacated. The
case is remanded for reassignment to a different judge.
VACATED and REMANDED.
2