The following excerpt is from U.S. v. Valdez-Pacheco, 935 F.2d 277 (9th Cir. 1991):
Valdez does not challenge any aspect of the trial court's handling of the competency determination on and after March 13th. Valdez solely argues that the court committed reversible error by failing to hold sua sponte a statutory hearing to determine his mental competency during the first three days of trial. See 18 U.S.C. Sec. 4241 (1988); see also Pate v. Robinson, 383 U.S. 375 (1966) (due process evidentiary hearing). Review of a failure to provide a competency hearing is comprehensive: "The question to be asked by the reviewing court is whether a reasonable judge, situated as was the trial court judge whose failure to conduct an evidentiary hearing is being reviewed, should have experienced doubt with respect to competency to stand trial." De Kaplany v. Enomoto, 540 F.2d 975, 983 (9th Cir.1976), cert. denied, 429 U.S. 1075 (1977).
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