United States v. Raquel D'Saronno

562 F. App'x 954
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 15, 2014
Docket13-11125
StatusUnpublished

This text of 562 F. App'x 954 (United States v. Raquel D'Saronno) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Raquel D'Saronno, 562 F. App'x 954 (11th Cir. 2014).

Opinion

PER CURIAM:

Raquel D’Saronno appeals her convictions for one count of wire fraud and one count of possession of a firearm as a convicted felon. She contends that: (1) the magistrate judge erred in determining that she was mentally competent; (2) she was not mentally competent at the time of her guilty plea and, as a result, the district court should have ordered a competency hearing on its own motion; and (3) her plea was not knowing and voluntary.

I.

D’Saronno was initially indicted on one count of wire fraud, in violation of 18 U.S.C. § 1343, six counts of bank fraud, in violation of 18 U.S.C. § 1344, and three counts of uttering a counterfeit check, in violation of 18 U.S.C. § 513. Those charges stemmed from her attempt to buy a house using counterfeit checks, forged checks, checks written on accounts with insufficient funds, and a fraudulently initiated wire transfer. When the government later found two handguns in her possession, she was also indicted on two counts of possession of a firearm as a convicted felon, in violation of 18 U.S.C. § 922(g)(1). She pleaded not guilty on all counts. 1

D’Saronno’s counsel moved for a competency examination, asserting that there were reasons to believe that she was not competent to stand trial. In response to defense counsel’s request, the district court referred the case to a magistrate judge for a competency determination. As part of that determination, Dr. Jorge Luis, a forensic psychologist from the Federal Bureau of Prisons, evaluated D’Saronno and issued a report saying that, despite suffering from several psychological disorders, she was competent to stand trial. Relying on that report, the magistrate judge found D’Saronno to be legally competent, a ruling that she did not appeal to the district court.

D’Saronno later agreed to plead guilty to one count of wire fraud and one count of possession of a firearm as a convicted felon. At her change-of-plea hearing before the district court, she denied being under the influence of drugs, alcohol, or medication 2 and testified that she was able to *956 understand where she was, what she was doing, and the importance of the proceeding. When asked if she was in full control of her faculties, she responded “of course.” D’Saronno’s counsel echoed her assertions. The attorney said that though he had concerns about her competency several months earlier, he had seen “a dramatic improvement” in her mental state since then. He even indicated that D’Saronno was “extremely coherent,” “able to meaningfully assist” in her defense, and able to discuss legal and factual challenges. D’Saronno testified that those statements were accurate by agreeing with them.

D’Saronno also testified that she understood her rights and acknowledged that some of those rights would be waived by pleading guilty. She recognized that the court would consider the sentencing guidelines when sentencing her but that it was not bound by them. She said she understood the elements of the offenses with which she was charged. And after being shown a copy of her plea agreement and hearing the district court summarize portions of it, she swore that she understood the agreement’s terms, including the terms that had not been summarized. She also acknowledged signing the agreement. D’Saronno then pleaded guilty. After ensuring that her plea was freely, voluntarily, knowingly, and intelligently made and after confirming that D’Saronno agreed with the factual basis of the charges against her, the district court accepted the plea. Rejecting her request for a time-served sentence of 16.5 months, the court sentenced her to 72 months imprisonment on each count with the two sentences to run concurrently.

II.

D’Saronno contends that the magistrate judge erred in finding that she was mentally competent to stand trial. Because she did not challenge that ruling in the district court, however, we do not have jurisdiction to review it on appeal. United States v. Schultz, 565 F.3d 1353, 1359, 1362 (11th Cir.2009) (holding that we lack jurisdiction to hear appeals directly from federal magistrate judges). That part of her appeal is dismissed.

III.

D’Saronno next contends that she was not mentally competent at the time of her guilty plea and that the district court erred in not ordering a competency hearing on its own motion. Generally, we review an issue raised for the first time on appeal only for plain error. See United States v. Rodriguez, 398 F.3d 1291, 1298 (11th Cir.2005). When reviewing a district court’s failure to order a competency hearing on its own motion, however, an abuse of discretion standard applies. See United States v. Williams, 468 F.2d 819, 820 (5th Cir.1972). 3

The Due Process Clause of the Fifth Amendment prohibits the government from trying a defendant who is incompetent. See U.S. Const, amend. V. “Whether the defendant is competent is an ongoing inquiry; the defendant must be competent at all stages of trial.” United States v. Rahim, 431 F.3d 753, 759 (11th Cir.2005). A district court is required to order on its own motion a competency hearing under certain circumstances:

*957 At any time after the commencement of a prosecution for an offense and prior to the sentencing of the defendant ... the court shall ... order [a hearing to determine mental competency] on its own motion, if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering [her] mentally incompetent to the extent that [she] is unable to understand the nature and consequences of the proceedings against [her] or to assist properly in [her] defense.

18 U.S.C. § 4241(a). In line with that statute, the test of a defendant’s competency is whether she “has sufficient present ability to consult with [her] lawyer with a reasonable degree of rational understanding” and whether she has “a rational as well as factual understanding of the proceedings against [her].” Rahim, 431 F.3d at 759 (quotation marks omitted).

Based on D’Saronno’s previous competency evaluation, her testimony and her attorney’s responses to questions about her competency at the plea hearing, and her conduct in the course of the plea hearing, there was no reasonable cause to believe that she was mentally incompetent. See 18 U.S.C.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Hernandez-Fraire
208 F.3d 945 (Eleventh Circuit, 2000)
United States v. Ras Rahim
431 F.3d 753 (Eleventh Circuit, 2005)
United States v. Jason M. Moriarty
429 F.3d 1012 (Eleventh Circuit, 2005)
United States v. Schultz
565 F.3d 1353 (Eleventh Circuit, 2009)
United States v. Rodriguez
627 F.3d 1372 (Eleventh Circuit, 2010)
United States v. Freddie Williams
468 F.2d 819 (Fifth Circuit, 1972)
Larry Bonner v. City of Prichard, Alabama
661 F.2d 1206 (Eleventh Circuit, 1981)
United States v. Rodriguez
398 F.3d 1291 (Eleventh Circuit, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
562 F. App'x 954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-raquel-dsaronno-ca11-2014.