Paredes

United States v. Paredes

Good Law
44 F. App'x 202
United States Court of Appeals for the Ninth CircuitAugust 9, 2002No. 99-30253; D.C. No. CR-98-00084-JMFCalifornia740 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant Patricio Paredes pleaded guilty to two counts of distributing a controlled substance and one count of possession with intent to distribute a controlled substance. He changed his plea to guilty after the district court determined that Defendant was competent, based on a report prepared by a psychologist from the Bureau of Prisons. Defendant challenges the district court’s competency decision, arguing that the court first should have provided funds for Defendant to hire his own expert. Defendant also challenges the adequacy of the plea colloquy.

Reviewing for abuse of discretion, we conclude that the district court did not err in denying funds for an additional psychiatric examination. See United States v. George, 85 F.3d 1433, 1437 (9th Cir.1996) (stating standard). The court had discretion whether to order the initial psychiatric evaluation, 18 U.S.C. § 4241 , and acted within its discretion in relying on that thorough evaluation for purposes of determining Defendant’s competency. Moreover, Defendant has not demonstrated by clear and convincing evidence that the district court’s failure to appoint an expert prejudiced him. See United States v. Sims, 617…

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