United States v. John Pocsai

36 F.3d 1104 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John POCSAI, Defendant-Appellant. No. 94-30048. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1994. * Decided Sept. 22, 1994. Before: SNEED, WIGGINS and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 John Pocsai appeals the 135-month sentence imposed following his conviction by jury of distributing LSD in violation of 21 U.S.C. Sec. 841 (a)(1). Pocsai claims the district court erred by denying his motion for a competency hearing prior to sentencing. We have jurisdiction under 28 U.S.C. Sec. 1291 and we affirm. 3 We review for abuse of discretion a district court's denial of a defendant's motion for a competency hearing. Chavez v. United States, 656 F.2d 512, 517 (9th Cir.1981). We review for clear error a district court's finding of competence. United States v. Chischilly, No. 92-10619, slip op. 8097 at 8109 (9th Cir. July 25, 1994). A competent…