Ruben Portillo Chavez v. United States

dissenting:

I cannot agree that the evidence before the district court was sufficient to raise a genuine doubt as to the competence of Chavez to plead guilty. With respect, therefore, I file this brief dissent.

Dr. Meyer, the psychiatrist conducting the examination pursuant to 18 U.S.C. § 4244 , described Chavez as “alert” and “oriented” and found “no evidence of delusions or hallucinations .. . [or] psychosis.” Concluding that Chavez was competent to stand trial, Dr. Meyer reported that Chavez understood the charges against him and was able to cooperate with his counsel.

The second psychiatric report before the district court was the one filed by Dr. Levy, a psychiatrist appointed to assist the defense upon its motion pursuant to 18 U.S.C. § 3006A(e). That report addressed the question of competency to stand trial and competency at the time the offense was committed. It found no mental incapacity in either regard, and confirmed the results of Dr. Meyer’s prior examination.

Dr. Levy concluded in part:

In judging the defendant competent, moreover, Dr. Levy was aware of Chavez’s past treatment for mental illness and had reviewed two 1971 psychiatric reports — one of which…

Appellant Ruben Portillo Chavez pleaded guilty to three counts of bank robbery. He moved the district court to vacate his sentence and plea pursuant to 28 U.S.C. § 2255 . The district court denied the motion. Chavez appeals. Because due process required the trial court to hold a hearing on Chavez’s competence to plead guilty, we reverse and remand.

FACTS AND PROCEEDINGS BELOW

On May 19, 1976 Chavez was indicted by a federal grand jury on three counts of bank robbery. 18 U.S.C. § 2113 (a). On the same day he was arraigned and pleaded not guilty.

On May 27, 1976 Chavez appeared with his appointed counsel before the trial judge and expressed his desire to represent himself and to plead guilty in an emotional outburst that resulted in his being removed from the courtroom. The court appointed another lawyer to counsel Chavez. On June 3 the court granted a motion made pursuant to 18 U.S.C. § 4244 . Chavez was ordered committed to the correctional facility at Terminal Island for a ninety day study concerning his competence to stand trial or plead guilty. The June 3 order was expanded on June 14 to include an inquiry into Chavez’s “mental competency and criminal responsibility ... at…

641 F.2d 1253 Ruben Portillo CHAVEZ, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellant. No. 78-3513. United States Court of Appeals, Ninth Circuit. Submitted March 20, 1980. Decided March 16, 1981. Ira P. Robbins, Professor of Law and Director, Kansas Defender Project, University of Kansas, School of Law, Hal D. Meltzer, Student Director, Lawrence, Kan., for petitioner-appellant. Sanford Svetcov, Asst. U. S. Atty., San Francisco, Cal., for respondent-appellant. On Appeal from the United States District Court for the Northern District of California. Before BROWNING, Chief Judge, and KENNEDY and SKOPIL, Circuit Judges. SKOPIL, Circuit Judge: 1 Appellant Ruben Portillo Chavez pleaded guilty to three counts of bank robbery. He moved the district court to vacate his sentence and plea pursuant to 28 U.S.C. § 2255 . The district court denied the motion. Chavez appeals. Because due process required the trial court to hold a hearing on Chavez's competence to plead guilty, we reverse and remand. FACTS AND PROCEEDINGS BELOW 2 On May 19, 1976 Chavez was indicted by a federal grand jury on three counts of bank robbery. 18 U.S.C. § 2113 (a). On the same day he…