Navarro-Fletes

MEMORANDUM *

Appellant Roberto Navarro-Fletes was convicted and sentenced for being an alien found in the United States after deportation in violation of 8 U.S.C. § 1326 , and he appeals on numerous grounds. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Navarro-Fletes claims that the district court erred by failing to order competency hearings at trial and sentencing sua sponte. The district judge must hold a competency hearing if “the evidence before him raises a bona fide doubt about [Navarro-Fletes’] competence to stand trial, even if defense counsel does not ask for one.” Odle v. Woodford, 238 F.3d 1084, 1087 (9th Cir.2001). A bona fide doubt exists where there is “substantial evidence” of the defendant’s incompetence. United States v. Lewis, 991 F.2d 524, 527 (9th Cir.1993).

The evidence here did not raise such a bona fide doubt. Navarro-Fletes’ treatment for psychiatric problems was brief and years ago, and his most recent hallucinations and manic depression predated the trial by half a year. He effectively communicated with his attorney at both trial and sentencing, and any uncertainty he expressed appears to have been based upon the complexity of…