United States v. Sanchez.

OPINION

ORLOFSKY, District Judge:

This case presents the novel and unsettled question of what legal standard a District Court must apply under 18 U.S.C. § 4244 1 to determine whether a convicted person is competent to be sentenced. For the reasons set forth below, I hold that the Due Process Clause of the Fifth Amendment requires that a District Court apply the same legal standard in determining whether a convicted person is competent to be sentenced as the standard which is applied in determining whether a defendant is competent to stand trial pursuant to 18 U.S.C. § 4241. Specifically, in…