Hernandez-Vasquez

BACKGROUND

Defendant was indicted on January 28, 2004 as a previously-deported alien found in the United States in viola- tion of 8 U.S.C. § 1326.1 Defendant is subject to a maximum prison term of twenty years, and the Government calculates his likely sentencing range under the advisory sentencing guidelines as 92-115 months. On May 6, 2004, Defendant moved for a competency examination. On September 17, 2004, the district court found Defendant incompetent to stand 1 Defendant previously has been convicted of the following crimes: aggravated assault on a corrections officer in Arizona (twice); lewd and lascivious acts with a child under the age of fourteen, in violation of Cal. Penal Code § 288(a), for which he received a three-year custodial sen- tence; and misdemeanor annoying children and trespassing. Defendant was ordered removed from the United States by an Immigration Judge on August 1, 2003, and was removed on November 8, 2003. 766 UNITED STATES v. HERNANDEZ-VASQUEZ trial and committed him to the custody of the Attorney Gen- eral pursuant to 18 U.S.C. § 4241. Defendant subsequently was transferred to the United States Medical Center for Fed- eral Prisoners in…