United States v. Malmstrom, No. 19-1218 (1st Cir. 2020)
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The First Circuit affirmed Defendant's conviction for three counts of transmitting threatening interstate communications by telephone and sentence of twenty-seven months' imprisonment, holding that the district court did not abuse its discretion in failing to order a competency evaluation sua sponte.
On appeal, Defendant's sole claim of error was that the district court erred by failing to order a competency evaluation under 18 U.S.C. 4241(a) sua sponte. The First Circuit disagreed, holding that where the record revealed no reasonable cause to believe that a substantial question existed concerning Defendant's competency to stand trial, the district court did not abuse its discretion in failing to order a competency evaluation sua sponte.
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