United States v. Wright

341 F. App'x 709
CourtCourt of Appeals for the Second Circuit
DecidedAugust 13, 2009
DocketNo. 08-2913-cr
StatusPublished

This text of 341 F. App'x 709 (United States v. Wright) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second 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. Wright, 341 F. App'x 709 (2d Cir. 2009).

Opinion

SUMMARY ORDER

Victor Wright appeals from a judgment ordered June 5, 2008 after his conviction by a jury on three counts of a five-count indictment, including: (i) conspiring to distribute one kilogram or more of heroin and 500 or more grams of cocaine in violation of 21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(A) (Count One), (ii) possession with intent to distribute one or more kilograms of heroin and 500 or more grams of cocaine in violation of id. §§ 812, 841(a)(1), and 841(b)(1)(A) (Count Two), and (iii) engaging in unlawful monetary transactions in criminally derived property worth more than $10,000 in violation of 18 U.S.C. § 1957 (Count Four). He was sentenced principally to mandatory, concurrent life sentences on Counts One and Two, and ten years’ imprisonment (to run concurrently) on Count Four. We assume the parties’ familiarity with the facts and the procedural history.

On appeal, Wright argues that:

(1) the district court abused its discretion by reversing upon reconsideration its order for a psychiatric examination;
(2) there was insufficient evidence to support his convictions for:
(i) disti’ibuting or possessing with intent to distribute one kilogx’am or more of heroin; and
(ii) engaging in an unlawful monetary transaction under 18 U.S.C. § 1957.

As to the psychiatric evalxxation, the distx’ict court’s change of mind is unremarkable given that the initial decision (to order an examination) was equivocal and accompanied by expressions of doubt. Moreover, Wright repeatedly opposed the competency evaluation as unnecessary and, shortly after the oi'der, sent a three-page letter to the district coxmt objecting again, urging reconsidex’ation, and arguing that the x’ecord was “devoid of the [711]*711requisite finding[s] for ordering a competency assessment....” After receipt of the letter, the district judge entered a new order stating: “Upon reconsideration, based on all of the circumstances of this case, the Court determines that a mental competency evaluation is not necessary.”

A district judge shall order a competency hearing “if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense.” 18 U.S.C. § 4241(a). “There are, of course, no fixed or immutable signs which invariably indicate the need for further inquiry to determine fitness to proceed ...” Drope v. Missouri, 420 U.S. 162, 180, 95 S.Ct. 896, 43 L.Ed.2d 103 (1975). Instead, “[a] district court must consider many factors when determining whether it has ‘reasonable cause’ to order a competency hearing,” including the judge’s “own observations of the defendant’s demeanor.” United States v. Quintieri, 306 F.3d 1217, 1233 (2d Cir.2002). Ultimately, the test “is whether the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding — and whether he has a rational as well as factual understanding of the proceedings against him.” United States v. Hemsi, 901 F.2d 293, 295 (2d Cir.1990) (quotations, citation, and alteration omitted).

We review a district court’s factual findings for clear error, United States v. Lopez, 547 F.3d 397, 399 (2d Cir.2008), and its decision to grant or deny a motion for reconsideration for abuse of discretion, cf. Transaero, Inc. v. La Fuerza Aerea Boliviana, 162 F.3d 724, 729 (2d Cir.1998). “A district court would necessarily abuse its discretion if it based its ruling on an erroneous view of the law or on a clearly erroneous assessment of the evidence.” Transaero, 162 F.3d at 729 (quotations and citation omitted).

Here, the district judge had ample opportunity to assess Wright’s rationality and his ability “to understand the nature and consequences of the proceedings against him or to assist properly in his defense.” 18 U.S.C. § 4241(a). The reconsideration decision took account of at least five lengthy court conferences in which Wright appeared before the district judge (including one phone conference), the input of numerous lawyers, and Wright’s own submissions to the court. After consideiing these multiple appearances, the input of counsel, and Wright’s coherent written opposition to the order, the district judge’s findings concerning Wright’s need for a competence exam were not clearly erroneous and he did not abuse his discretion by reconsidering his order for a psychiatric evaluation.

Wright argues that there was insufficient evidence to support his convictions for: (1) distributing or possessing with intent to distribute one kilogram or more of heroin; and (2) engaging in an unlawful monetary transaction under 18 U.S.C. § 1957. The unlawful monetary transaction challenge alleges evidentiary deficiencies with respect to (i) the source of the funds used, and (ii) the affect on interstate commerce.

A defendant challenging the sufficiency of the evidence “bears a heavy burden.” United States v. Jackson, 335 F.3d 170, 180 (2d Cir.2003) (quotations and citations omitted). In evaluating a sufficiency of the evidence claim, the court must “view[ ] all of the evidence in the light most favorable to the government,” United States v. Aleskerova, 300 F.3d 286, 292 (2d Cir. 2002), “resolve all issues of credibility in favor of the jury’s verdict,” United States v. Desena, 260 F.3d 150, 154 (2d Cir.2001) [712]*712(quotations and citations omitted), and “credit[] every inference that the jury might have drawn in favor of the government,” United States v. Morrison, 153 F.3d 34, 49 (2d Cir.1998) (quotations and citation omitted). The court will not disturb a conviction unless no “rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Bruno, 383 F.3d 65, 82 (2d Cir.2004) (quotations and citations omitted).

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Related

United States v. Parkes
497 F.3d 220 (Second Circuit, 2007)
Drope v. Missouri
420 U.S. 162 (Supreme Court, 1975)
Chapman v. United States
500 U.S. 453 (Supreme Court, 1991)
United States v. Sidney Hemsi
901 F.2d 293 (Second Circuit, 1990)
United States v. Dennis Leo Lowder
5 F.3d 467 (Tenth Circuit, 1993)
United States v. Peter Leslie and Roland Williams
103 F.3d 1093 (Second Circuit, 1997)
United States v. Arthur Morrison
153 F.3d 34 (Second Circuit, 1998)
United States v. Ernesto Quintieri, Carlo Donato
306 F.3d 1217 (Second Circuit, 2002)
United States v. Lopez
547 F.3d 397 (Second Circuit, 2008)
United States v. Ripinsky
109 F.3d 1436 (Ninth Circuit, 1997)
Transaero, Inc. v. La Fuerza Aerea Boliviana
162 F.3d 724 (Second Circuit, 1998)
United States v. Desena
260 F.3d 150 (Second Circuit, 2001)
United States v. Aleskerova
300 F.3d 286 (Second Circuit, 2002)

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Bluebook (online)
341 F. App'x 709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-wright-ca2-2009.