United States v. Mi Suk Yi

MEMORANDUM **

Mi Suk Yi appeals her convictions, after a jury trial, for conspiracy, in violation of 18 U.S.C. § 371 ; bank fraud, in violation of 18 U.S.C. § 1344 (1); concealment money laundering, in violation of 18 U.S.C. § 1956 (a)(l)(B)(i); and furnishing false information to the Social Security Administration, in violation of 42 U.S.C. § 408 (a)(6). On appeal, Yi argues that (1) the district court violated her due process rights by not ordering, on its own motion, a hearing regarding her competency to stand trial; (2) the operative indictment was constructively amended or fatally varied by evidence presented at trial; and (3) the district court erred by denying her motion for acquittal because there was insufficient evidence to support that she had the required intent to commit the crimes of conviction. We affirm.

The district court did not commit plain error by not ordering, on its own *408 motion, a competency hearing. See 18 U.S.C. § 4241 (a). The record does not contain “substantial evidence of incompetence” such that a reasonable judge would be expected to experience a genuine doubt respecting Yi’s competence. See United States v. Marks, 530 F.3d 799, 814 (9th…