United States v. John M. Hummasti

77 F.3d 491 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 M. HUMMASTI, Defendant-Appellant. No. 95-35319. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1996. * Decided Feb. 12, 1996. Before: PREGERSON, CANBY and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner John M. Hummasti appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence imposed after his jury conviction for attempted bank robbery, in violation of 18 U.S.C. § 2113 (a). Hummasti contends that the trial court erred by not sua sponte ordering a mental competency hearing prior to imposing Hummasti's sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo Frazer v. United States, 18 F.3d 778, 781 (9th Cir.1994), and affirm. 3 "The general rule is that whenever there is a good faith doubt as to a defendant's competency a hearing is required." Smith v.…