United States v. Larry Hill

622 F. App'x 193
CourtCourt of Appeals for the Fourth Circuit
DecidedFebruary 12, 2015
Docket14-4652
StatusUnpublished

This text of 622 F. App'x 193 (United States v. Larry Hill) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Larry Hill, 622 F. App'x 193 (4th Cir. 2015).

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

In the proceedings below, the district court found that Larry Hill violated certain conditions of his supervised release, revoked his release, and sentenced him to ten months of imprisonment, while continuing him on supervised release for two *194 years. Specifically, the court found Hill’s conduct (the creation of false and fraudulent IRS forms) amounted to retaliation against a federal judge and federal law enforcement officers by making false claims, in violation of 18 U.S.C. § 1521. On appeal, Hill contends that the district court erred when it: (1) deprived him of due process; (2) denied his motion to dismiss; (3) denied his requests for witness subpoenas; (4) denied his motion for recu-sal; and (5) denied his challenge to the revocation proceedings for lack of sufficient evidence. We find no merit in these contentions and we therefore affirm.

First, “[w]e review the alleged denial of due process de novo.” United States v. Legree, 205 F.3d 724, 729 (4th Cir.2000). A defendant on supervised release has a procedural due process right to a fair and impartially conducted revocation hearing. See United States v. Copley, 978 F.2d 829, 831 (4th Cir.1992). Our review of the record reflects that Hill received the appropriate process. He received a full hearing, was permitted to confront his accusers, and was given notice of the charges via the supervised release revocation report. While the report was amended, the amendment properly notified Hill of the revisions to the allegations. See Fed. R.Crim.P. 32.1(b)(2)(A). We thus find no merit in Hill’s generalized due process claim.

Second, we note that, in his opening brief, Hill fails to address the district court’s grounds for denying his motion to dismiss. By this failure, he has forfeited review of this issue on appeal. See 4th Cir. R. 34(b) (limiting review to issues raised in opening brief); see also Edwards v. City of Goldsboro, 178 F.3d 231,241 n. 6 (4th Cir.1999) (holding that failure to raise issue in opening brief constitutes abandonment on appeal).

Third, we review the district court’s denial of the request for witness subpoenas for abuse of discretion. See United States v. Espinoza, 641 F.2d 153, 159 (4th Cir.1981). To the extent Hill claims that this denial violated his right to confrontation, our review is de novo. United States v. Summers, 666 F.3d 192, 197 (4th Cir.2011).

Supervised release revocation hearings are not “criminal prosecutions” under the Sixth Amendment. United States v. Ward, 770 F.3d 1090, 1097 (4th Cir.2014). Accordingly, as we have recently reiterated, defendants in supervised release revocation hearings are only entitled to the limited right of confrontation guaranteed by Fed.R.Crim.P. 32.1(b)(2)(C). United States v. Ferguson, 752 F.3d 613, 616 (4th Cir.2014). Our review of the record shows that the district court neither abused its discretion nor violated Hill’s right to confrontation in denying his subpoena requests. To the contrary, Hill was afforded a full opportunity to confront his accusers via cross-examination and he did so, at length.

Fourth, we review the denial of a motion for recusal for abuse of discretion. United States v. Whorley, 550 F.3d 326, 339 (4th Cir.2008). A judge should grant a motion for recusal “in any proceeding in which h[er] impartiality might reasonably be questioned”; “[w]here [s]he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentia-ry facts concerning the proceeding”; or where she has a financial interest in the litigation. 28 U.S.C. § 455 (2012).

Generally, “[appellate] courts have only [reversed the denial of] recusal motions in cases involving particularly egregious conduct [by the presiding judge].” Belue v. Leventhal, 640 F.3d 567, 573 (4th Cir.2011). Moreover, in order to disqualify a judge, the “bias or prejudice must, as a general matter, stem from a source out *195 side the judicial proceeding at hand.” Id. at 572 (internal quotation marks omitted). As to whether a financial interest is disqualifying, it “depends upon the remoteness of the interest and its extent or degree.... As the interest becomes less direct, it will require disqualification only if the litigation substantially affects that interest.” In re Beard, 811 F.2d 818, 881 (4th Cir.1987). Ultimately, the test for whether a judge must recuse herself “is an objective one: ... a judge must disqualify [her]self whenever [her] impartiality might reasonably be questioned.” United States v. Cherry, 330 F.3d 658, 665 (4th Cir.2003).

We have reviewed the record and discern no abuse of discretion in the denial of the recusal motion. Under the unique circumstances presented here, the fact that Hill was charged with attempting to file a false lien against the presiding judge (among other federal officials and employees involved in this case) did not necessitate the judge’s recusal. See United States v. Cooley, 1 F.3d 985, 993-94 (10th Cir.1993) (noting that party’s baseless suits against judge do not require judge’s recusal); United States v. Parker, 724 F.2d 127, 128 (4th Cir.1984) (noting that knowledge acquired through involvement in judicial proceedings does not constitute personal bias necessitating recu-sal). Indeed, we note that even were one to regard the case as involving the judge’s “financial interest,” a view which no reasonable person would entertain in any event, that “interest” is far too remote and speculative to necessitate recusal. We therefore hold that the district court did not abuse its discretion in denying the recusal motion.

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Related

Belue v. Leventhal
640 F.3d 567 (Fourth Circuit, 2011)
United States v. Joseph Jesse Espinoza
641 F.2d 153 (Fourth Circuit, 1981)
United States v. La Coste (Charles Albert)
724 F.2d 127 (Fifth Circuit, 1984)
In Re Diana R. Beard, (Two Cases)
811 F.2d 818 (Fourth Circuit, 1987)
United States v. Sammy Ray Copley
978 F.2d 829 (Fourth Circuit, 1992)
United States v. Summers
666 F.3d 192 (Fourth Circuit, 2011)
Edwards v. City of Goldsboro
178 F.3d 231 (Fourth Circuit, 1999)
United States v. George Lloyd Pregent
190 F.3d 279 (Fourth Circuit, 1999)
United States v. Bryant Legree
205 F.3d 724 (Fourth Circuit, 2000)
United States v. Billie J. Cherry
330 F.3d 658 (Fourth Circuit, 2003)
United States v. Linda D. Carothers
337 F.3d 1017 (Eighth Circuit, 2003)
United States v. Whorley
550 F.3d 326 (Fourth Circuit, 2008)
United States v. Jori Ferguson
752 F.3d 613 (Fourth Circuit, 2014)
United States v. George Ward
770 F.3d 1090 (Fourth Circuit, 2014)

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Bluebook (online)
622 F. App'x 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-larry-hill-ca4-2015.