United States Fifth Circuit

A trial judge did not abuse his discretion in 1) denying defendant's attorneys a fifth trial continuance for additional preparation time, or 2) failing to order a sua sponte mental competency exam. Sentence is vacated where upward departure was based on previously-weighed factors.

Appellate Information

• Decided 12/30/2002
• Published 12/30/2002

Judges

• DENNIS, Circuit Judge:, Before DAVIS, BENAVIDES and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., LeRoy Morgan Jahn (argued), Diane D. Kirstein, San Antonio, TX, for Plaintiff-Appellee., James Scott Sullivan (argued), San Antonio, TX, for Defendant-Appellant.