Monge-Rios

MEMORANDUM **

A jury convicted Javier Armando Monge-Rios (Monge-Rios) of conspiracy to possess with intent to distribute 50 to 100 kilograms of marijuana, in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(C). He appeals the district court’s denial of his motion for a competency hearing. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Both the magistrate judge and the district judge had sufficient evidence to find by a preponderance standard, see United States v. Chischilly, 30 F.3d 1144, 1150 (9th Cir.1994), that Monge-Rios “had 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,” United States v. Fernandez, 388 F.3d 1199, 1251 (9th Cir.2004) (internal quotation marks omitted).

First, the magistrate judge stated that, based on his personal observations and interactions with Monge-Rios over the course of three different hearings, he “ha[d] not discerned anything that sa[id] to [him] that [Monge-Rios] ha[d] issues regarding competency.” See Miles v. Stainer, 108 F.3d 1109, 1112 (9th Cir.1997) (noting that a defendant’s…