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U.S. v. GIRON-REYES

No. 00-1258.

234 F.3d 78 (2000)

UNITED STATES of America, Appellee, v. Octaviano GIRON-REYES, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 12, 2000.

Attorney(s) appearing for the Case

Terrance J. McCarthy, by Appointment of the Court, for appellant.

Terrence P. Donnelly, Assistant U.S. Attorney, with whom Margaret E. Curran, United States Attorney, was on brief for appellee.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and STAHL, Circuit Judge.

COFFIN, Senior Circuit Judge.

Defendant-appellant Octaviano Giron-Reyes appeals from a conviction upon a plea of guilty to illegally re-entering the United States after deportation. The sole issue addressed in this appeal is whether a competency hearing should have been held in accordance with 18 U.S.C. § 4241(e) before a plea was taken. Because the express language of, and policy behind, that statutory provision require the court to hold a hearing and to make...

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