Legal Opinion

United States v. Chaudhry

District Court, N.D. California

Decided August 17, 2009No. C 03-40210 CRBPublishedCited by 2 opinions

1Opinion of the Court

ORDER

CHARLES R. BREYER, District Judge.

The issue before the Court is whether a defendant who has been convicted but not yet sentenced may be subject to a competency determination as set forth in 18 U.S.C. § 4241, or whether 18 U.S.C. § 4244 is the only provision that is operative at this stage in the proceedings. After carefully considering the submissions of the parties and with the benefit of oral argument, the Court holds that the competency standard in § 4241 does apply in these circumstances.

BACKGROUND

On June 13, 2008, Defendant Mohammad Yousuf Chaudhry was convicted on sixteen counts…

2Cases cited15 opinions

  1. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  2. Dusky v. United StatesSupreme Court of the United States · 1960
  3. Caminetti v. United StatesSupreme Court of the United States · 1917
  4. Medina v. CaliforniaSupreme Court of the United States · 1992
  5. Brotherhood of Railroad Trainmen v. Baltimore & Ohio RailroadSupreme Court of the United States · 1947

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3Cited by2 opinions

  1. State v. SimonCourt of Appeals of Oregon · 2018
  2. United States v. ChaudhryCourt of Appeals for the Ninth Circuit · 2011

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