United States v. Albert Garza

Albert Garza was sentenced to 20 years in prison after a jury convicted him of one count of “receipt or distribution” and one count of “possession” of child pornography. Garza appeals his conviction and sentence on several grounds. In a memorandum disposition we address all but one of Garza’s arguments. In this opinion we decide whether the district court plainly erred by failing to sua sponte convene a hearing on Garza’s competency. It did not, so we affirm.

I

A

By monitoring an online file-sharing network, federal agents discovered that Garza was downloading child pornography. Warrant in hand, the agents went to his home. While some searched, a pair of agents interviewed Garza at length. During the interview, he confessed to everything. The search turned up two computers and a compact disc containing thousands of photographs and videos of child pornography. Garza was arrested and indicted for one count of “receipt or distribution” under 18 U.S.C. § 2252 (a)(2) and one count of “possession” under § 2252(a)(4)(B).

B

Shortly after Garza’s indictment, his first lawyer hired Dr. Thomas Middleton, a clinical psychologist, to examine Garza and prepare a written competency…