In Re: Bulger v., 2013 U.S. App. LEXIS 5143

Bulger faces a 2001 federal indictment charging RICO violations and 19 related murders in Boston; Flemmi is an indicted co-conspirator who pled guilty elsewhere.
During 1970s–1980s, Boston organized crime was investigated by the FBI and prosecuted by the U.S. Attorney’s Office or the New England Organized Crime Strike Force, which operated independently but communicated with the U.S. Attorney’s Office.
Bulger alleges the Strike Force and U.S. Attorney’s Office had undisclosed, overlapping involvement with evidence and immunity discussions that could affect the case.
Judge Richard G. Stearns, who was assigned the case, previously held supervisory roles in the U.S. Attorney’s Office during part of the period at issue.
Bulger moved to recuse under 28 U.S.C. § 455(a), (b)(1), (b)(3), (b)(5)(iv); Judge Stearns denied the motion, and Bulger renewed it.
This court grants Bulger’s mandamus petition, holding that a reasonable person could question Stearns’s impartiality given his background and the era’s prosecutorial structure.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 455(a) requires recusal where impartiality might be questioned	Bulger argues Stearns’s past supervisory roles create reasonable doubt.	Stearns contends no reasonable basis to question impartiality.	Yes; mandamus relief granted, appearance of partiality exists.

In re Allied-Signal Inc., 891 F.2d 967 (First Cir. 1989) (independence needed; cannot rely on mere suspicion)
Cheney v. U.S. Dist. Court for Dist. of Col., 542 U.S. 367 (Supreme Court 2004) (mandamus standards; right to relief demand and irreparable harm)
In re United States, 158 F.3d 26 (First Cir. 1998) (abuse of discretion standard for recusal on mandamus review)
United States v. Pulido, 566 F.3d 52 (First Cir. 2009) (abuse of discretion in recusal rulings; standard of review)
Brooks v. N.H. Supreme Court, 80 F.3d 633 (First Cir. 1996) (independence and impartiality require independent support for bias)