United States v. Lebron

76 F.3d 29, 1996 U.S. App. LEXIS 2177
CourtCourt of Appeals for the First Circuit
DecidedFebruary 14, 1996
DocketNo. 95-1096
StatusPublished
Cited by1 cases

This text of 76 F.3d 29 (United States v. Lebron) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Lebron, 76 F.3d 29, 1996 U.S. App. LEXIS 2177 (1st Cir. 1996).

Opinion

ROSENN, Senior Circuit Judge.

This appeal from a guilty plea and sentence requires that we consider the process due a defendant whose behavior may raise questions concerning his mental competency.

I.

A federal grand jury for the District of New Hampshire indicted José Lebrón on ten counts stemming from his two armed robberies of a pawnshop and a bank in Manchester, New Hampshire. His co-defendants, Paul Hazen and Frank Jones, pled guilty to possession of a firearm by a convicted felon, 18 U.S.C. § 922(g). The court imposed sentence and neither of them appealed. Lebrón requested counsel under the Criminal Justice Act, 18 U.S.C. § 3006A. However, he vehemently objected to his court-appointed counsel and filed several motions with the court requesting new counsel. A magistrate judge denied the motion, finding that Lebrón had not articulated sufficient reasons. The magistrate informed Lebrón that he could either retain his appointed counsel, or proceed pro se.

At a hearing on Lebrón’s motion for a new court-appointed counsel, the district court found no valid reason to substitute counsel. The court informed Lebrón that he could proceed pro se and that his court-appointed counsel would stand by, and take over the ease if Lebrón did not conform to courtroom rules. Lebrón lost his temper, and his behavior prompted the marshals to handcuff him before the hearing ended. The court denied his motion for reconsideration. Le-brón then filed a Renewed Motion for Reappointment of Counsel, in which he asserted that there was medication he could take which could “affect his ability to be aware of exactly what is happening around him.”

On May 10,1994, Lebrón represented himself during jury selection. Although he initially asked for, and was denied, an interpreter, Lebrón was able to communicate with the jury. Several of his objections to jury members were granted. After jury selection, the court held an ex parte session with Lebrón and his counsel to enable them to air the disagreements between them without compromising the attorney-client privilege. At this session, the judge informed Lebrón that he had done a good job in jury selection, but that he was “not competent to represent himself in the sense he’s not aware of fundamental issues that ought to be raised on his behalf.” Lebrón concedes that the district court meant this statement to refer to Le-brón’s competence as an attorney, not to Lebrón’s mental competence. At the same ex parte session, Lebrón’s counsel informed the court that Lebrón used to receive prescriptions for thorazine (an antipsychotic) and trazodone (an antidepressant) from the Veteran’s Administration hospital, and that he would like to take these drugs during the trial.

In response, the judge alerted the Government that Lebrón had a previous psychiatric history. He believed that this might be relevant to the defendant’s ability to intelligently waive- his right to counsel. The court then held a hearing later that day to determine the issue of Lebrón’s competency, and whether Lebrón should be permitted to take his requested drugs during trial. The court took testimony from Dr. Nathan Sidley, the prison psychiatrist. Sidley stated that he had briefly reviewed Lebrón’s Veteran’s Administration medical records, which revealed a possible diagnosis of schizophrenia in the 1970s. Sidley had attempted to meet with Lebrón, but Lebrón terminated their meeting within the first five minutes, upon learning that their discussion would not be confidential. Sidley concluded that, based on [31]*31these facts, Lebrón was not psychotic, and was competent to stand trial. He further concluded that any possible benefits from the drugs Lebrón requested were outweighed by the detriments of giving him massive quantities needed without sufficient time for the drugs to build up in his bloodstream.

Lebrón then testified that he was using heroin and Valium, and that he had both drugs in his system at the time. Two days later, the district court judge issued an order which continued the trial date, permitted Le-brón’s counsel to withdraw, and appointed Paul Twomey as new counsel for Lebrón.

The next day, the Government and Twom-ey jointly filed a request for a psychiatric evaluation pursuant to 18 U.S.C. § 4241, which the court granted. The parties agreed that Dr. Albert Druktenis should perform the evaluation. Druktenis met with Lebrón and evaluated him pursuant to the court’s order to determine both Lebrón’s sanity at the time of the offense, and his competency to stand trial now. Druktenis concluded that Lebrón was not insane at the time of the offense, and that he was competent to stand trial. He noted that Lebrón’s personality was manipulative, but that he was aware of the charges against him, and had been able to speak intelligently, lucidly and logically at court hearings. Druktenis also addressed the issue of Lebrón’s current medications, and noted that they “would not cloud his thinking in any substantial way and, in fact, are probably helping him by reducing anxiety and agitation.”

After the psychiatrist submitted this report, Lebrón withdrew his motion to dismiss based on incompetency, and the parties reached a plea agreement. Under this agreement, Lebrón would plead guilty to two counts of use and carrying of a firearm in violation of 18 U.S.C. § 924(c), and the Government would dismiss the remaining eight counts.

The court conducted a change of plea hearing on October 3, 1994. Before the judge entered the courtroom for the hearing, Le-brón threw a pitcher of water at the case investigators, narrowly missing one agent. Soon thereafter, the hearing proceeded, with the court stating that it understood there was “no issue at this point with regard to the defendant’s competence.” Both counsel agreed that Lebrón was competent. Defense counsel then added that he had come to that conclusion himself independently after reviewing the psychiatric report. The court then asked Lebrón if the Government’s proffer of the evidence to the charges was correct. At first Lebrón claimed that he could not remember any of the events. On further questioning, he admitted to the conduct. After fully advising Lebrón of the rights he would waive by pleading guilty, the court accepted the plea.

The court sentenced Lebrón to imprisonment for 240 months on one count and 60 months on the other, to be served consecutively, three years supervised release with a condition of treatment for his chemical dependency, $500 in restitution, and a $100 special assessment. Lebrón appeals, raising as his sole issue whether the district court denied him due process by not holding a hearing under 18 U.S.C. § 4241 to determine his competency when he changed his plea. We affirm.

II.

The conviction of a criminal defendant while he is legally incompetent violates due process. Pate v. Robinson, 383 U.S. 375, 378, 86 S.Ct. 836, 838, 15 L.Ed.2d 815 (1965). The test for a defendant’s mental competency to plead guilty is the same as that of a defendant’s competence to stand trial. United States v. Harlan,

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Related

United States v. Lebron
76 F.3d 29 (First Circuit, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
76 F.3d 29, 1996 U.S. App. LEXIS 2177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lebron-ca1-1996.