who accepted the plea becomes unavailable, there is no automatic right for the defendant to withdraw his or her plea unless the evidence demonstrates that the identity of the sentencing judge was a material element in the defendant’s decision to plead guilty). Additionally, courts in other jurisdictions have also declined to conclude that a defendant has an absolute right to be sentenced by the judge who accepted the plea. As stated by the United States Court of Appeals for the Eighth Circuit, “there is no independent federal right to be sentenced by the same judge that took a guilty plea and [we] find no constitutional provision that guarantees such a right.” Taylor v. Bowersox, 329 F.3d 963, 969 (8th Cir. 2003); see also United States v. Russell, 116 F.2d 955, 959 (11th Cir. 1985) (<HOLDING>); United States v. Pizzo, 453 F.2d 1063, 1065
holding that a defendant was not entitled to a relief under section 2255 when he asserted that the sentencing judge who was not the trial judge was influenced by the sentence imposed by the trial judge on a codefendant holding that the defendant is not entitled to be sentenced by the judge who took his plea when the judge made no promise to sentence him holding that the government must be held to a promise made to a defendant during plea negotiations if that promise induced the defendants guilty plea holding that party who had sought disqualification of the judge who heard his cause only from the assignment judge and not the judge himself could not appropriately raise recusal issue on appeal holding that when the defendant admitted that he pleaded guilty for reasons other than to have the judge who took his plea sentence him the defendant could properly be sentenced by a different judge