Monday, August 09, 2021

US v. Telles, No. 19-10218 (M. Smith w/Schroeder & Van Dyke). The 9th affirms conviction and sentence for online enticement of a minor. The district court did not err in denying a competency hearing. The defendant appeared competent; understood the charges; his communications on the phone and with previous counsel all support competency. The court’s conclusion that competency, and defendant’s acting out, was for delay was not error. The 9th also affirmed the preclusion a mental health evaluation after the defendant failed to cooperate with the government’s mental health expert. Last, the court’s denial of the defendant to represent himself was not error. The request was denied because it was filed for delay.

The decision is here:



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