Legal Opinion
United States v. Monge-Rios
Court of Appeals for the Ninth Circuit
Decided July 15, 2009No. 08-10414Published
1Opinion of the Court
MEMORANDUM **
A jury convicted Javier Armando Monge-Rios (Monge-Rios) of conspiracy to possess with intent to distribute 50 to 100 kilograms of marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). He appeals the district court’s denial of his motion for a competency hearing. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Both the magistrate judge and the district judge had sufficient evidence to find by a preponderance standard, see United States v. Chischilly, 30 F.3d 1144, 1150 (9th Cir.1994), that Monge-Rios “had sufficient present ability to consult with his…
2Cases cited5 opinions
- United States v. FernandezCourt of Appeals for the Ninth Circuit · 2004
- United States v. Daniel Joe ChischillyCourt of Appeals for the Ninth Circuit · 1994
- Miles v. StainerCourt of Appeals for the Ninth Circuit · 1997
- UNITED STATES of America, Plaintiff-Appellee, v. Craig Bradley GEORGE, AKA: Steve Eugene Johnson, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1996
- William Leon Wallace, Jr. v. United StatesCourt of Appeals for the Ninth Circuit · 1972