United States v. Cesar Moroyoqui-Gutierrez

MEMORANDUM

Defendant Cesar Moroyoqui-Gutierrez appeals the district court’s determination that he is incompetent to stand trial for criminal charges of illegal reentry into the United States after deportation in violation of 8 U.S.C. § 1326 . We affirm.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . An order finding a defendant incompetent and referring him for evaluation and treatment is an immediately appealable collateral order. United States v. Friedman, 366 F.3d 975, 980 (9th Cir.2004). We review de novo whether the district court applied the correct legal standard. McDermott v. Ampersand Pub., LLC, 593 F.3d 950, 957 (9th Cir.2010). We review a district court’s determination that a criminal defendant is incompetent to .stand trial for clear error. Friedman, 366 F.3d at 980 .

The district court correctly applied the preponderance of the evidence legal standard as required by the Insanity Reform Act, 18 U.S.C. § 4241 (d). Defendant argues the district court applied the incorrect standard because the district court orally stated an incorrect legal standard on the record during the competency hearing on July 18, 2014. Nevertheless, the district court issued a written…