Note with interest FN7: "ACCA was right to disqualify the trial judge in United States v. Rudometkin, 2021 WL 5235100 (A. Ct. Crim. App. Nov. 9, 2021), but the defendant’s reliance on it is surprising, for the government disagrees with it so vehemently that it sought panel and en banc reconsideration only two weeks before filing its opposition here. Both were denied. United States v. Rudometkin, Dkt. No. 20180058 (A. Ct. Crim. App. Dec. 9, 2021) (order). It is not every day that a litigant relies on a ruling in one federal court while simultaneously attacking it in another."
Brenner FissellEIC
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