Person
United States v. Person
Opinion
Lead Opinion
MEMORANDUM AND ORDER *
Defendant Randall Scott Old Person appeals from his conviction for aggravated sexual abuse, 18 U.S.C. §§ 2241 and 1153. We affirm.
1. Defendant contends that, because of his mental impairments, he was not competent to waive his constitutional rights and enter a guilty plea. The district court found that Defendant was competent to stand trial and that he was competent to enter a guilty plea. Defendant challenges only the latter finding. The unchallenged finding that he was competent to stand trial forecloses the argument that he was not competent to plead guilty because the standards are identical. Godinez v. Moran, 509 U.S. 389, 398 , 113 S.Ct. 2680 , 125 L.Ed.2d 321 (1993).
Even were we to review separately for clear error, United States v. Timbana, 222 F.3d 688, 700-01 (9th Cir.2000), we would have to reject Defendant’s argument. On this extensively developed record, the district court’s finding of competence is not clearly erroneous.
2. On de novo review, United States v. Villalobos, 333 F.3d 1070, 1073 (9th Cir.2003), we conclude that the district court complied with the requirements of Federal Rule of Criminal Procedure 11(b).