FILED
NOT FOR PUBLICATION DEC 07 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-10291
Plaintiff - Appellee, D.C. No. 2:04-cr-00387-MCE-1
v.
MEMORANDUM *
JESUS RODRIGUEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, District Judge, Presiding
Submitted November 28, 2011 **
San Francisco, California
Before: THOMAS and CLIFTON, Circuit Judges, and PRO, District Judge.***
The parties agree this matter should be remanded to the Eastern District of
California for consideration of a new trial motion based on newly discovered
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Philip M. Pro, District Judge for the U.S. District
Court for Nevada, sitting by designation.
evidence prior to this Court resolving the issues in this appeal. The parties dispute
only whether the Court should reassign this matter on remand. The Court denies
the request to reassign, as there is no evidence of personal bias and no unusual
circumstances exist to support reassignment. McSherry v. City of Long Beach, 423
F.3d 1015, 1023 (9th Cir. 2005); Hernandez v. City of El Monte, 138 F.3d 393, 402
(9th Cir. 1998). All issues raised in Appellant’s Opening Brief in this appeal are
preserved for later appeal in the event the district court denies the motion for new
trial.
REMANDED.
-2-