The following excerpt is from United States v. Dreyer, D.C. No. 5:08-cr-00041-VAP-1, No. 10-50631 (9th Cir. 2013):
The cases cited by the majority do not support granting relief because: (1) they concern claims of incompetence to stand trialnot incompetence to be sentenced; (2) most concern pro se defendantsnot defendants represented by counsel; and (3) all involved substantial histories of psychosis and/or severe brain damageconsiderably more than is present in this case. See, e.g., Pate v. Robinson, 383 U.S. 375, 385-86 (1966) (defendant had a brick dropped on his head, walked around in a daze, and defendant's mother stated that he had "lost his mind"); Torres v. Prunty, 223 F.3d 1103, 1104-06 (9th Cir. 2000) (defendant was diagnosed with a severe delusional disorder, had extensive brain damage from
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head trauma, and had uncontrollable outbursts in court); Odle v. Woodford, 238 F.3d 1088-90 (9th Cir. 2001) (defendant suffered from hallucinations, was committed to a psychiatric ward at least four times, and had a temporal lobectomy removing a 3x3x4 inch piece of his brain).
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