Korbani

MEMORANDUM *

The question before us in this appeal is whether the district court made a competency finding as required by 18 U.S.C. § 4241 (e). Because the parties are familiar with the facts and prior proceedings, we do not restate them unless necessary.

After the director of the Springfield facility certified that in his opinion Korbani was “able to understand the nature and consequences of the proceedings against him and to assist properly in his defense,” section 4241(e) required the district court to hold a hearing to assess Korbani’s competence. At this hearing, Korbani had the right to representation by counsel, the right to testify, the right to present evidence, and the right to subpoena witnesses and to cross-examine these witnesses. 18 U.S.C. § 4247 (d).

On August 2, 1999, the district court held a hearing at which Korbani was present and represented by counsel. The district judge began the hearing by stating that in light of the report from Springfield, it appeared that Korbani was competent. Late in the hearing, Korbani’s counsel stated briefly that he did not agree with this report. Korbani argues that the district court did not make a competency finding and…