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U.S. v. HOSKIE

No. 89-10348.

950 F.2d 1388 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas HOSKIE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 6, 1991.

Attorney(s) appearing for the Case

David Lee Titterington, Deputy Federal Public Defender, Phoenix, Ariz., for defendant-appellant.

Janet L. Patterson, Asst. U.S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before CHOY, TANG and FLETCHER, Circuit Judges.

FLETCHER, Circuit Judge:

Thomas Hoskie asks us to reverse his convictions for assault, sexual abuse, and kidnapping. He claims that the district court erred in finding him competent to stand trial and in refusing to instruct the jury on the defense of insanity. We find clear error in the district court's determination that Hoskie was competent to stand trial and therefore reverse the conviction.

I. Factual and Procedural Background

On November 9...

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