Descamps

MEMORANDUM **

Matthew Descamps was indicted for the crime of felon in possession of a firearm. At a pretrial hearing regarding Descamps’ competency, the government presented expert witness testimony that Descamps could assist his attorney in his defense; Descamps’ counsel presented expert testimony to the contrary. The district court found that the government had not established by a preponderance of the evidence that Descamps was competent to stand trial and therefore committed Descamps to the custody of the Attorney General for hospitalization for a period not to exceed four months under 18 U.S.C. § 4241 (d)(1). Descamps appeals, arguing he is competent to stand trial.

The only issue here is whether the district court clearly erred in its determination that the government failed to establish by a preponderance of the evidence that Descamps could assist his counsel in his defense. See United States v. Frank, 956 F.2d 872, 874-75 (9th Cir.1991); United States v. Hoskie, 950 F.2d 1388, 1392 (9th Cir.1991). In light of the conflicting expert testimony presented at the competency hearing, the district court found that it was questionable whether Descamps could control his emotions,…