Redden

MEMORANDUM **

Charles Lee Redden appeals from his jury trial conviction for violating 18 U.S.C. § 175 by leaving phone messages threatening that anthrax was released in the air conditioning of the Oakland federal building. Redden contends that the district court erred by failing to order a competency hearing and a psychiatric evaluation, in allowing him to waive his right to counsel and proceed pro se, and in instructing the jury on the meaning of threat. We affirm.

I

We conclude that the district court did not err by failing to order a competency hearing. A reasonable judge in the district court’s position would not have doubted Redden’s competency, de Kaplany v. Enomoto, 540 F.2d 975, 983 (9th Cir.1976) (en banc). There is no evidence that Redden was incompetent. Redden actively conducted his own defense, introduced motions to raise insanity and diminished capacity defenses, and was found competent in his prior criminal proceeding in Hawaii.

II

The district court also did not err in fading to order a psychiatric evaluation. There was no pending motion under Federal Rule of Criminal Procedure 12.2 that would require the district court to order an evaluation. Although the…