United States Ninth Circuit

In a conviction of defendant for conspiracy to distribute controlled substances, district court's imposition of a 120-months' imprisonment is vacated and remanded, as given the substantial evidence of defendant's lack of competency, the district court's failure to order a competency hearing sua sponte constituted plain error. Further, because the district court would have difficulty setting aside her previously-expressed views as to defendant's competency, and because reassignment is advisable to preserve the appearance of justice, the case is remanded to a different judge.

Appellate Information

• Decided 08/21/2012
• Published 08/21/2012

Judges

• Reinhardt

Court

• United States Ninth Circuit

Counsel