United States v. Francisco Alvarado Nunez

35 F.3d 573 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Francisco Alvarado NUNEZ, Defendant-Appellant. No. 93-10600. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 12, 1994. Decided Sept. 7, 1994. Before: NORRIS, THOMPSON, and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Francisco Alvarado-Nunez appeals his conviction and sentence for illegal reentry after deportation in violation of 8 U.S.C. Sec. 1326 (b)(1). He argues: (1) he was not competent to stand trial; (2) the district court erred by rejecting his insanity defense; and (3) the district court erred by not departing downward under the Sentencing Guidelines based on his reduced mental capacity. We affirm in part and dismiss in part. 3 * A defendant is incompetent to stand trial if the court finds "by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect rendering him mentally incompetent to…