United States District Court, E.D. Michigan, Southern Division
ORDER DENYING DEFENDANT'S MOTION TO RECUSE
D. BORMAN UNITED STATES DISTRICT JUDGE
was convicted in the U.S. District Court for the Eastern
District of Michigan, after a 39 day trial, on 14 counts of
aiding and abetting wire fraud in violation of Title 18
U.S.C. §§1343 and 2. The jury also convicted him of
conspiring with his son Antonio Bravata to commit fire fraud.
United States Court of Appeals for the Sixth Circuit affirmed
their convictions and John Bravata's sentence. United
States v. Bravata, 636 Fed. App'x. 277 (2016)
(6th Cir., Jan. 22, 2016). The Court of Appeals
denied the Bravatas' renewed Motion for New Trial:
We may quickly disperse of defendants' appeal of the
denial of their renewed motion for a new trial. Their new
evidence -Juror #4's affidavit - was not material. As we
explained above, the affidavit mirrored the trial transcript
and the court's explanation of the relevant
October 3, 3016, the Supreme Court denied John Bravata's
petition for writ of certiorari; 137 S.Ct. 82. On November
28, 2016, the Supreme Court denied John Bravata's
petition for rehearing. 137 S.Ct. 541.
December 18, 2017, the Sixth Circuit denied Defendant John
Bravata's motion 'to recall the February 16, 2016
mandate in United States v. Bravata, 636 Fed.Appx.
277 (6th Cir. 2016), in which the Court affirmed
the denial of his motion for a new trial." The Court of
He has also moved the district court to vacate his sentence,
challenging, in part, counsel's continued representation
despite her withdrawal in this court, and he may appeal any
adverse decision on that motion.
August 18, 2017, Defendant filed a "Motion to Recuse
Judge pursuant to 28 U.S.C. §§144 and 455. The
motion seeks to disqualify this Court "from presiding
over the Motion of §2255 herein on the grounds that he
has personal bias and prejudice against the Petitioner,
Bravata, and therefore could not preside with the required
degree of detached impartiality." Dkt. #419, Page ID
Motion to Recuse Judge states, inter alia,
that"... the defendant's sentencing guideline was
60-87 months and the presiding Judge Borman enhanced
Petitioner to the Maximum 20 year sentence." This was
Court of Appeals opinion affirming John Bravata's
At sentencing, the court varied down significantly from the
guidelines range of 324 to 405 months of imprisonment and
imposed a 240 months sentence.
United States v. John Bravata,
636 Fed.Appx. 277
(6th Cir. 2016) (January 22, 2016) ...