Charley

MEMORANDUM *

Elvira Charley was convicted by a jury in federal court on three counts of first degree murder in violation of 18 U.S.C. §§ 1111 , 1153(a), and three counts of using a firearm during and in relation to a crime of violence in violation of 18 U.S.C. §§ 924 (c), (j). She appeals her conviction alleging that the district court erred in: (1) finding her competent to stand trial and to be sentenced; and (2) instructing the jury on first and second degree murder. 1 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We first address Charley’s competency. The United States Supreme Court has held that a defendant is competent to stand trial if he “has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding ... [and] a rational as well as factual understanding of the proceedings against him.” Cooper v. Oklahoma, 517 U.S. 348, 354 , 116 S.Ct. 1373 , 134 L.Ed.2d 498 *495 (1996). Whether a defendant is capable of understanding the proceedings and assisting counsel depends on evidence of the defendant’s irrational behavior, the defendant’s demeanor in court, and medical opinions on the defendant’s competence. Miles v.…