USA v. Wanjiku

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	No. CR-23-227-R
)
ERICK GACHUHI WANJIKU, 	)
)
Defendant. 	)
ORDER
Before the Court is Defendant Erick Gachuhi Wanjiku’s pro se Motion to Recuse
[Doc. No. 153]. For the following reasons, Defendant’s Motion is DENIED.
Pursuant to 28 U.S.C. § 455, judicial recusal is required when the judge’s
“impartiality might reasonably be questioned” or “he has a personal bias or prejudice
concerning a party.” The inquiry requires consideration of whether “sufficient factual
grounds exist to cause a reasonable, objective person, knowing all the relevant facts, to
question the judge’s impartiality.” United States v. Pearson, 203 F.3d 1243, 1277 (10th Cir.
2000) (citations omitted). “The standard is purely objective. The inquiry is limited to
outward manifestations and reasonable inferences drawn therefrom.” United States v.
Cooley, 1 F.3d 985, 993 (10th Cir. 1993). Under this test, recusal is not warranted merely
on the basis of adverse rulings or attempts at courtroom administration:
Ordinarily, when a judge’s words or actions are motivated by events
originating within the context of judicial proceedings, they are insulated from
charges of bias. Thus, adverse rulings cannot in themselves form the
appropriate grounds for disqualification. Likewise, a judge’s ordinary efforts
at courtroom administration, even if stern and short-tempered, are “immune”
from charges of bias and partiality. Although a judge’s remarks during the
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course of a trial may be critical, disapproving, or hostile to a party, usually
they will not support a partiality charge.
United States v. Nickl, 427 F.3d 1286, 1298 (10th Cir. 2005) (internal citations, quotation
marks, and brackets omitted). Importantly, [j]udges not only have a strong duty to recuse
when appropriate, but also a strong duty to sit, and the statute ‘must not be so broadly
construed that it becomes, in effect, presumptive, so that recusal is mandated upon the
merest unsubstantiated suggestion of personal bias or prejudice.’” United States v. Well,
873 F.3d 1241, 1251 (10th Cir. 2017) (quoting Nichols, 71 F.3d at 351).
To support his Motion, Defendant attached an “Affidavit of Facts” [Doc. No. 153-
1], forming the factual basis for his Motion. The allegations reference different exhibits of
transcripts in the record, however, these exhibits are attached to his separate Motion to
Unseal Voir Dire Transcripts [Doc. No. 152]. Notwithstanding this error, the Court notes
Defendant’s pro se status and considers the exhibits as if they were properly attached to the
present Motion.
Every allegation is predicated on rulings or statements made during judicial
proceedings, which as stated in Nickl, ordinarily do not support recusal. Nickl, 427 at 1298.
The bulk of the allegations purporting to prove bias are premised upon adverse rulings. See
Doc. No. 153-1 ¶¶ 2-8, 10. However, as discussed in Nickl, adverse rulings themselves
cannot form the basis for recusal. Id. Defendant’s remaining allegations include an attempt
at courtroom administration, see id. ¶ 1, and a remark about sentencing guideline
adjustment choices, see id. ¶ 10, neither of which alone can form the basis for recusal. See
Nickl, 427 at 1298. To connect these rulings and remarks to the undersigned’s alleged
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partiality, Defendant implies knowledge and nefarious motive without any factual support.
These conclusory allegations are insufficient to show partiality or bias, and therefore,
Defendant’s allegations do not warrant recusal.
Accordingly, the Court finds that based on the totality of the allegations and
circumstances, a reasonable, objective person would not question the undersigned’s
impartiality. Therefore, Defendant’s Motion to Recuse [Doc. No. 153] is DENIED.
IT IS SO ORDERED this 9 th day of December, 2024.
UNITED STATES DISTRICT JUDGE
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