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U.S. v. SANCHEZ

No. 96-646.

38 F.Supp.2d 355 (1999)

UNITED STATES of America v. Guido SANCHEZ.

United States District Court, D. New Jersey.

April 19, 1999.

Attorney(s) appearing for the Case

Faith S. Hochberg, U.S. Atty., Mark J. McCarren, Asst. U.S. Atty., Newark, NJ, for U.S.

Tomas Espinosa, Jersey City, NJ, for Defendant.

OPINION

ORLOFSKY, District Judge:

This case presents the novel and unsettled question of what legal standard a District Court must apply under 18 U.S.C. § 42441 to determine whether a convicted person is competent to be sentenced. For the reasons set forth below, I hold that the Due Process Clause of the Fifth Amendment requires that a District Court apply the same legal standard in determining whether a convicted person...

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