United States of America, Plaintiff-appellee, v. Michael Kirk Leggett, Defendant-appellant, 32 F.3d 573 (9th Cir. 1994)

MEMORANDUM^** 

Michael Kirk Leggett appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. Leggett contends that his guilty plea was involuntary, without counsel, and without an adequate competency hearing. We have jurisdiction under 28 U.S.C. § 2255.

After reviewing the legal issues de novo and the factual findings for clear error, see Doganiere v. United States, 914 F.2d 165, 167 (9th Cir. 1990), cert. denied, 499 U.S. 940 (1991), we affirm for the reasons stated in the district court's order, see United States v. Bradshaw, 690 F.2d 704, 712 (9th Cir. 1982) (interpreting former competency statute and holding that a hearing is not required if psychiatric reports indicate defendant is competent), cert. denied, 463 U.S. 1210 (1983); United States v. Aponte, 591 F.2d 1247, 1250 (9th Cir. 1978) ("Faretta teaches that a court cannot force counsel upon a competent defendant who elects, after being fully informed, to represent himself. Dujanovic teaches that the election must be tested before trial and that the record must show the basis for the court's finding that the right to counsel has been competently and intelligently waived."); cf. United States v. Frank, 956 F.2d 872, 874-78 (9th Cir. 1991) (finding no error in district court's determination that defendant was competent to stand trial and had knowingly and voluntarily waived right to counsel during police interrogation), cert. denied, 113 S. Ct. 363 (1992).

AFFIRMED.