Friday, January 21, 2005
Ind. Decisions - 7th Circuit posts three today
Myartt, Larry W. v. Frank, Matthew J. (ED Wis.)
Nettles, Gale v. Bucklo, Gale (ND Ill.)
Before POSNER, RIPPLE, and SYKES, Circuit Judges.
POSNER, Circuit Judge. After allegedly purchasing ammonium nitrate fertilizer from an undercover FBI agent and selling it to another undercover agent, who was posing as a terrorist, Gale Nettles was charged with several federal crimes, including attempting to damage and destroy a federal building, 18 U.S.C. § 844(f)(1)—namely the Dirksen Courthouse in downtown Chicago, the site of the federal courts in Chicago, including the United States District Court for the Northern District of Illinois. The case was assigned to Judge Bucklo of that court. Nettles moved to recuse her and the other judges of the court on the ground that since the plot involved a threat to the judges’ safety, a trial presided over by any one of them would create an appearance of bias. * * *
No purpose would be served by requiring Nettles to renew his transfer motion in the district court, before a judge brought in from outside the Northern District, or to make a subsequent motion to recuse the members of this court. A more efficient method of proceeding is for us to recuse ourselves now, to be replaced by judges from other circuits who will be designated to hear any further proceedings instituted by Nettles in this court.
Posted by Marcia Oddi on January 21, 2005 09:29 PM
Posted to Ind. (7th Cir.) Decisions