What is the test for an unpreserved challenge to a district court's failure to order a competency hearing for plain error?
MultiRegion, United States of America
The following excerpt is from United States v. Sorrentino, No. 13-622-cr (2nd Cir. 2014):
1. As the government conceded at oral argument, we do not review unpreserved challenges to the district court's failure to order a competency hearing for plain error because the court must sua sponte order a hearing if there is reasonable cause to question the defendant's mental competency. See, e.g., United States v. Arenburg, 605 F.3d at 169 (reviewing failure sua sponte to order 4241(a) hearing for abuse of discretion).
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