USA v. Bachmeier

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
STEVEN CURTIS BACHMEIER,
Defendant.
Case No. 3:17-cr-00103-SLG
ORDER
Before the Court is Defendant=s Motion to Request a Competency Hearing (Docket
106) and the United States’ Response (Docket 107). Mr. Bachmeier seeks a competency
hearing for Assistant United States Attorney Anne Veldhuis, Magistrate Judge Kevin
McCoy, and the undersigned District Judge.
Preliminarily, Mr. Bachmeier seeks to have the motion determined by a different
judge. A judge is required to recuse herself under 28 U.S.C. §§ 144, 455 if an objectively
reasonable person informed of the facts would conclude that the judge's impartiality might
reasonably be questioned were the judge to continue to hear the case. DeNardo v.
Municipality of Anchorage, 974 F.2d 1200, 1201 (9th Cir. 1992); United States v. Studley,
783 F.2d 934, 939 (9th Cir.1986). Mr. Bachmeier bears the burden of proving facts which
justify recusal. 	Id. 	The fact that Mr. Bachmeier has filed this motion is probative of his
view of other participants in this case, including this judge. 	It is not probative of this
judge’s view of him. 	Mr. Bachmeier has presented no evidence that his filing of this
motion has had any effect on the undersigned judge’s view of Mr. Bachmeier and the
Court finds that an objectively reasonable person informed of the facts would not conclude
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United States v. Steven Curtis Bachmeier
Case No. 3:17-cr-00103-SLG-KFM-1 	Page 2 of 2
that 	the 	undersigned 	judge’s 	impartiality 	might 	reasonably 	be 	questioned 	if 	the
undersigned judge continues to hear the case and decides this motion. 	DeNardo, 974
F.2d at 1201.
On the merits, the motion at Docket 106 is DENIED. There is no basis in the law
for the relief Mr. Bachmeier seeks. Cf. 18 U.S.C. § 4241 (providing for determination of
mental competency of a criminal defendant to stand trial).
DATED this 8th day of March, 2018 at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
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