Baugus

United States v. Baugus

Good Law
137 F. App'x 962
United States Court of Appeals for the Ninth CircuitJune 28, 2005No. 04-30133California585 words

Opinion

Lead Opinion

MEMORANDUM **

Jackson Bryant Baugus appeals a jury trial conviction for possession with intent to distribute methamphetamine, possession with intent to distribute cocaine, taking a motor vehicle by force with intent to cause bodily harm, and using a firearm during and in relation to a crime of violence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

*964 Baugus first argues that his rights under the Speedy Trial Act, 18 U.S.C. §§ 3161-74 , were violated. The district court’s decision on a motion to dismiss for noneompliance with the Speedy Trial Act is reviewed de novo. United States v. Daychild, 357 F.3d 1082 , 1089 n. 5 (9th Cir.2004).

Baugus argues that the government’s request for an independent competency evaluation pursuant to 18 U.S.C. § 4241 was unnecessary and resulted in needless delay. The district judge has broad discretion under Federal Rule of Criminal Procedure 12.2 to order a mental examination. Baugus “intend[ed] to introduce expert evidence relating to a mental disease or defect or any other mental condition of the defendant bearing on ... the issue of guilt.” Fed.R.Crim.P. 12.2(b)(1). Rule 12.2(c)(1)(B) states that “[i]f the defendant…

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