Hirsch

United States v. Hirsch

Good Law
79 F. App'x 329
United States Court of Appeals for the Ninth CircuitOctober 24, 2003No. 02-50117; D.C. No. CR-99-00585-TJH-1California379 words

Opinion

Lead Opinion

MEMORANDUM **

Larry Hirsch was indicted pursuant to 18 U.S.C. § 875 (c) for making threatening telephone calls to various women, their neighbors and family. After the district court ordered two psychiatric evaluations and held a competency hearing, it found that Hirsch was competent to stand trial. On the morning of trial, Hirsch pled guilty but later moved to withdraw his guilty plea. The district court denied the motion. We have jurisdiction under 28 U.S.C. § 1291 and affirm the judgment of the district court.

I.

The district court’s competency proceedings satisfied due process and 18 U.S.C. §§ 4241 (a), 4247(d). The district court sua sponte ordered two separate psychiatric evaluations and made findings on the record that Hirsch was competent after it had doubts as to Hirsch’s competence. See Odle v. Woodford, 238 F.3d 1084, 1087 (9th Cir.2001); 18 U.S.C. §§ 4241 (a) (2000). United States v. Timmins, 301 F.3d 974 (9th Cir.2002), is not on point. Here, in finding that Hirsch was competent, the district court did not rely solely on representations by counsel that Hirsch was able to aid and assist in Hirsch’s defense; the court relied on the opinions of two psychiatric experts,…

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