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United States v. Hasarafally

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Motion Submitted: February 13, 2008

Before: CARDAMONE, SOTOMAYOR, and RAGGI, Circuit Judges.

Defendant Ameer Hasarafally, who has appealed from a judgment of conviction finding him guilty of one count of a cocaine conspiracy, moves to recuse the United States Department of Justice as attorney for the United States in this case. The reason is that defendant’s trial was held in the United States District Court for the Southern District of New York before Judge Michael B. Mukasey, who after retirement from the bench and a time in private practice, has become the Attorney General of the United States, the appellee on defendant’s appeal. We write because the circumstances of this case are present in about 40 appeals pending in this Court.

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