United States District Court, D. Nebraska
FINDINGS, RECOMMENDATIONS AND ORDERS
R. Zwart United States Magistrate Judge
construed, Defendant's pro se letter, (Filing No.
• A motion to recuse;
• A motion to suppress the evidence obtained pursuant to
a search warrant signed by the undersigned magistrate judge
and for Franks hearing;
• A motion to strike all government evidence disclosed
after the Rule 16 initial disclosure deadline;
• A motion to dismiss for lack of jurisdiction and on
the basis of diplomatic immunity;
• A motion to dismiss the indictment for failing to
allege a criminal offense; and
• A motion to dismiss for violating Defendant's
rights to a speedy trial under the Sixth Amendment and the
Speedy Trial Act.
reasons stated below, the undersigned magistrate judge will
deny Defendant's motion to recuse and motion to exclude
the government's evidence as untimely disclosed, and
recommends that Defendant's motions to suppress and
motions to dismiss be denied without a hearing.
court will not rule of Defendant's motion to transfer the
case to the North Platte trial docket absent affording the
government an opportunity to respond.
judicial officer must satisfy herself that she is actually
unbiased toward the parties in each case and that her
impartiality is not reasonably subject to question.
The judge presiding over a case is in the best position to
appreciate the implications of those matters alleged in a
recusal motion. In deciding whether to recuse [her]self, the
trial judge must carefully weigh the policy of promoting
public confidence in the judiciary against the possibility
that those questioning his impartiality might be seeking to
avoid the adverse consequences of [her] presiding over their
re Kansas Public Employees Retirement System, 85 F.3d
1353, 1358 (8th Cir. 1996) (quoting In re Drexel,861 F.2d 1307, 1312 (2d Cir. 1988); see also United
States v. Balistrieri,779 F.2d 1191, 1202-03 (7th Cir.
1985) (reasoning that decisions with respect to