Judge may call and question witness at sentencing hearing to inquire into sentence enhancement facts even without request by either party

SENTENCING United States v. Scott, No. 07-6111, 529 .3d 1290 (10th Cir. Jun 24, 2008)(W.D. Oklahoma). Appeal of sentence for transporting minor across state lines for purpose of prostitution in violation of Mann Act, 18 U.S.C. § 2423(a). HELD: District court neither violated defendant’s due process rights nor abused its discretion by calling FBI agent as witness at sentencing hearing and questioning him about facts relevant to leadership role and vulnerable victim sentence enhancements. A judge does not show actual bias simply by calling witness whose testimony proves more helpful to one party than the other. Furthermore, while court asked leading questions, those questions by themselves do not demonstrate impermissible bias. A judge may interrogate witness in manner reasonably thought to bring about just result. Read the opinion here.