US v. Ghane, No. 08-3700
In defendant's appeal from a district court order finding him mentally incompetent to stand trial, the order is reversed where: 1) the magistrate judge erred in relying too much on defendant's actions two years prior to the current competency determination, particularly in light of defendant's actions since that time; and 2) the magistrate judge erred in relying on defendant's desire to be found competent as evidence of his incompetence to stand trial.
Submitted: April 14, 2009
Filed: January 29, 2010
Opinion by Judge Hansen
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