United States v. Joseph Flaunders

Good Law
968 F.2d 1221·1992 WL 163242·1992 U.S. App. LEXIS 23077
United States Court of Appeals for the Ninth CircuitJuly 14, 199291-50374California380 words

Opinion

Opinion

968 F.2d 1221 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Joseph FLAUNDERS, Defendant-Appellant. No. 91-50374. United States Court of Appeals, Ninth Circuit. Submitted July 7, 1992. * Decided July 14, 1992. Before FARRIS, WIGGINS and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Due Process requires a competency hearing to determine a defendant's ability to plead guilty "whenever the trial judge entertains ... a good faith doubt as to that defendant's ability to understand the nature and consequences of the plea or to participate intelligently in the proceedings and to make a reasoned choice among the alternatives presented." Chavez v. United States, 656 F.2d 512, 517 (9th Cir.1981). A district court's competency determination is reviewed for clear error. People of the Territory of Guam v. Taitano, 849 F.2d 431, 432 (9th Cir.1989). 3 Because competency determinations "necessarily involve assessments of credibility and…

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