Motion for Recusal of Hon. Lance E. Walker — No. 1:21-cr-00061 (Dkt. 243, D. Me.)

Summary

Motion for recusal by petitioner Nathan Reardon in the U.S. District Court for the District of Maine, relating to United States v. Reardon, Case No. 1:21-cr-00061-LEW-1, Dkt. 243. Reardon asks that Judge Lance E. Walker be recused from his § 2255 proceeding under 28 U.S.C. § 455(a) and 28 U.S.C. § 455(b)(1), and that the case be reassigned to another judge in the Portland Division. The motion asserts that during sentencing Judge Walker referred to coverage by the Bangor Daily News and relied on community perceptions drawn from it, and argues that this creates at least the appearance of bias.

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UNITED STATES DISTRICT COURT
DISTRICT OF MAINE (PORTLAND DIVISION) — a

NATHAN REARDON,

Petitioner,

UNITED STATES OF AMERICA,

Respondent.

Case No.: (to be assigned)

MOTION FOR RECUSAL OF HON. LANCE E. WALKER

NOW COMES the Petitioner, Nathan Reardon, respectfully moving this Honorable Court for the
immediate recusal and disqualification of the Honorable Judge Lance E. Walker from further
proceedings in this matter, pursuant to 28 U.S.C. § 455(a) and 28 U.S.C. § 455(b)(1).

Grounds for Recusal:

1. During the sentencing proceedings in Petitioner’s case (United States v. Reardon, Case
No. 1:21-cr-00061-LEW-1), Judge Walker admitted on the record to being influenced by
extrajudicial media reports, specifically referencing coverage by the Bangor Daily News.
2. Judge Walker relied upon community perceptions fueled by these media reports when
forming opinions about Petitioner’s character, culpability, and violation severity.
3. Judicial decisions must be based solely upon evidence properly before the Court, not
upon external, unsworn, and unverified media sources.
4. Under 28 U.S.C. § 455(a), a judge must recuse himself when his impartiality “might
reasonably be questioned.”
o Here, the public record contains direct admissions of extrajudicial influence,
creating at minimum the appearance of bias.
5. Under 28 U.S.C. § 455(b)(1), recusal is mandatory where a judge has “personal
knowledge of disputed evidentiary facts concerning the proceeding.”
o Judge Walker’s personal knowledge gained from media reports constitutes such

disputed facts.
6. Continued involvement of Judge Walker in this proceeding would irreparably undermine
public confidence in the fairness and integrity of the judicial process.

Relief Requested:
e Immediate recusal of Hon. Lance E. Walker from this § 2255 proceeding,

e Reassignment of this case to an impartial judge sitting in the Portland Division of the
District of Maine.

Respectfully submitted,
Nathan Reardon
PO Box 52

Detroit, ME 04929

Date: §- 6 b >


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