The following excerpt is from United States v. Mikhel, 889 F.3d 1003 (9th Cir. 2018):
The parties dispute whether the district court held a competency hearing in this case. We need not resolve that dispute and assume without deciding that no competency hearing occurred. For this reason, and because defense counsel never moved for a competency hearing,14 we pass to considering whether the district court plainly erred in failing to order a competency hearing sua sponte. See United States v. Dreyer , 705 F.3d 951, 960 (9th Cir. 2013).
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