The Fifth Circuit concluded that these allegations did not reflect conduct that would cause a reasonable observer to question Judge Smith 's impartiality .
Fifth Circuit affirmed the take - nothing judgment , in Andrade v. Chojnacki , 338 F. 3d 448 ( Fifth Circuit   2003 ) , cert .
The Fifth Circuit concluded that these allegations did not reflect conduct that would cause a reasonable observer to question Judge Smith 's impartiality , and it affirmed the take - nothing judgment , in Andrade v. Chojnacki , 338 F. 3d 448 ( 5th Cir. 2003 ) , cert .