Carrillo-Quintero

MEMORANDUM **

Juan Ramon Carrillo-Quintero appeals the sentence that the district court imposed following his guilty plea to conspiracy to distribute heroin and methamphetamine and distribution of heroin and methamphetamine in violation of 21 U.S.C. §§ 841 (a)(6) and 846. He raises three issues on appeal. We will address each in turn.

First, Defendant contends that the district court violated his due process rights by failing to order, sua sponte, under 18 U.S .C. §§ 4241 and 4244, a psychiatric or psychological examination of Defendant to determine his mental competency, despite reasonable cause to believe that he was incompetent to stand sentencing.

The test for competency at a sentencing hearing is “whether the defendant is able to understand the nature of the proceedings and participate intelligently to the extent participation is called for.” Chavez v. United States, 656 F.2d 512, 518 (9th Cir.1981). The district court’s duty to inquire into a defendant’s competency is triggered if the judge is confronted with “substantial evidence” to doubt the defendant’s competency. See id. at 517-18 .

Based on a review of the record, there is no doubt that “substantial evidence” was…