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Case 2:16-cr-01012-SRB

Document 189

Filed 06/30/17

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff,

v.

Joseph M. Arpaio,

Defendant.

No. CR-16-01012-001-PHX-SRB ORDER

At issue are Defendant’s Motion for Leave to File Motion for Change of Venue

and Motion for Change of Venue (Doc. 171).

Defendant argues that the Court should transfer this case to another venue because

of the “massive media coverage over the years, and now,” that may make it impossible

for him to obtain a fair and unbiased trial in the District of Arizona. (Mot. for Change of

Venue at 4-5.) The grant of a motion for change of venue moves the location of the trial

to obtain an impartial jury when pretrial publicity may have affected the potential jury

pool. United States v. Sherwood, 98 F.3d 402, 410 (9th Cir. 1996), as amended (Oct. 28,

1996). Defendant’s Motion does not seek a change of venue for the purpose of obtaining

an impartial jury pool but seeks the recusal of the Court because “the case is being tried

by a judge for contempt of another judge of the same court.” (Mot. for Change of Venue

at 5.) Title 28 U.S.C. § 144 provides for recusal only after a party files a “timely and

sufficient affidavit” averring that the judge before whom the case is pending “has a

personal bias or prejudice” either against the party or in favor of any adverse party.

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Case 2:16-cr-01012-SRB

Document 189

Filed 06/30/17

Page 2 of 2

Defendant’s Motion does not comply with the statute, and is therefore denied.

IT IS ORDERED granting Defendant’s Motion for Leave to File Motion for

Change of Venue (Doc. 171).

IT IS FURTHER ORDERED denying Defendant’s Motion for Change of Venue

(Doc. 171).

Dated this 30th day of June, 2017.

IS FURTHER ORDERED denying Defendant’s Moti on for Change of Venue (Doc. 171). Dated this 30th

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