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U.S. v. NEVAREZ-CASTRO

No. 95-50472.

120 F.3d 190 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Cruz Hector NEVAREZ-CASTRO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 18, 1997.

Attorney(s) appearing for the Case

Peter A. Vance, San Diego, CA, for defendant-appellant.

Carolyn L. Oliver, Assistant United States Attorney, San Diego, CA, for plaintiff-appellee.

Before: FLETCHER and PREGERSON, Circuit Judges, and WEXLER, District Judge.

WEXLER, District Judge.

Defendant Cruz Hector Nevarez-Castro ("Nevarez") appeals his conviction, after a jury trial, on three counts of bank robbery in violation of 18 U.S.C. § 2113(a) and the sentence imposed by Judge Edward J. Schwartz, United States District Judge for the Southern District of California. Because the district court erred in denying Nevarez a competency hearing following his commitment to a federal institution based on his

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