OPINION AND ORDER
LEISURE, District Judge :
On April 10, 1997, Defendants John and Jose Muyet and their three codefendants were convicted, following a five-month jury trial, of various offenses arising out of their participation in the so-called "Nasty Boys" criminal enterprise. The Muyets now move the Court pursuant to Rules 29, 33, and 34 of the Federal Rules of Criminal Procedure. They seek dismissal of the charges against them based on insufficiency of evidence, a new trial based on claims of Governmental misconduct and ineffective assistance of counsel, and an arrested judgment based on lack of Federal jurisdiction and a claim that the charges against them more properly should have been brought in state court. Additionally, the Muyets have moved to have the Court recuse itself from hearing and deciding all post-trial motions, pursuant to Title 28, United States Code ("U.S.C."), sections 144 and 455(a), based on claims that the Court can no longer make a fair and just determination with respect to these defendants. For the reasons stated below, the motions are denied.
According to the evidence adduced at trial, Jose Muyet, a/k/a "Raze," along with his brother John Muyet, a/k/a "Buddha," operated a drug gang known as the Nasty Boys in the Bronx, New York, for a period of several years. The gang operated from an apartment building known as the Airborne building, selling both heroin and crack. The Nasty Boys resorted to violence quickly and often to maintain order, stifle competition, and protect their business.
The jury convicted Jose Muyet of violating the Racketeering Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1962(c) (Count One of the Indictment),
conspiracy to violate RICO, 18 U.S.C. § 1962(d) (Count Two), committing violent crimes in aid of racketeering, 18 U.S.C. § 1959 (Counts Three through Twenty-three and Twenty-five through Twenty-nine), narcotics conspiracy, 21 U.S.C. § 846 (Count Thirty), and use and carrying of a firearm, 18 U.S.C. § 924(c) (Counts Thirty-one through Thirty-five and Thirty-seven through Forty-two). The jury convicted defendant John Muyet of the RICO charges (Counts One and Two),
violent crimes in aid of racketeering (Counts Fifteen through Twenty-four, Twenty-eight, and Twenty-nine), narcotics conspiracy (Count Thirty), and use and carrying of a firearm (Counts Thirty-six through Thirty-nine, Forty-one and Forty-two).
The Muyets move for the Court to recuse itself from the consideration of all post-trial motions submitted by the defendants. Title 28, U.S.C. § 144 provides for disqualification "whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice . . . against him." 28 U.S.C. § 455(a) provides that "any justice, judge, or magistrate of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned."
In his brief, John Muyet claims that the Court "cannot make a fair and impartial decision" on these motions. Specifically, John Muyet points to a statement by the Court that "you don't like to pay attention when you are hearing something you don't want to hear that seems to be with your attitude." John Muyet also alleges that the Court disparaged the defense on a number of occasions. John Muyet specifically points to two such instances. The first involved the testimony of John Muyet's mother, who testified through an interpreter. John Muyet alleges that the Court's observation that his mother may have more proficiency of English than she pretended suggested bias against the defense.
The second instance occurred when the Court commented that a defense lawyer "conveniently" overlooked a portion of a witness's testimony while cross-examining that witness. The Muyets argue that these statements create a reasonable basis to question the Court's impartiality, and asks for the Court's recusal. Cf. MacDraw, Inc. v. CIT Group Equipment, Inc., 138 F.3d 33 at 38 (2d Cir. 1998)(Winter, C.J.)("Appellants correctly note that Judge Chin did express negative concerns about the merits of MacDraw's case and the conduct of appellants in litigating it. However, such remarks are common and often important to a trial judge's administration of a case. Although they may occasionally wound counsel's pride, they can be informative and helpful to counsel who are not hypersensitive.")
As the United States Court of Appeals for the Second Circuit has explained, "the substantive standard for recusal is whether a reasonable person, knowing all the facts, would conclude that the court's impartiality might reasonably be questioned." Apple v. Jewish Hospital and Medical Center, 829 F.2d 326, 333 (2d Cir. 1987); see also United States v. Pitera, 5 F.3d 624, 626 (2d Cir. 1993). Therefore, in reviewing a recusal motion, a court must proceed by "examining the record facts and the law, and then deciding whether a reasonable person knowing and understanding all the relevant facts would recuse the judge." In re Drexel Burnham Lambert Inc., 861 F.2d 1307, 1313 (2d Cir. 1989).
The Second Circuit suggests broad latitude in a district judge's review of a recusal motion. As the Court observed, "The decision whether to grant or deny a recusal motion . . . is a matter confided to the district court's discretion," Apple, 829 F.2d at 333, and the district court will be reversed only for abuse of that discretion. See United States v. Lovaglia, 954 F.2d 811, 815 (2d Cir. 1992). Thus, the Drexel Court provided a cogent analysis regarding the discretion afforded to district judges in recusal motions:
The judge presiding over a case is in the best position to appreciate the implications of those matters alleged in a recusal motion. In deciding whether to recuse himself, the trial judge must carefully weigh the policy of promoting public confidence in the judiciary against the possibility that those questioning his impartiality might be seeking to avoid the adverse consequences of his presiding over their case. Litigants are entitled to an unbiased judge, not to a judge of their choosing.