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U.S. v. GHANE

No. 06-3828.

490 F.3d 1036 (2007)

UNITED STATES of America, Appellee, v. Hessam GHANE, also known as Sam Ghane, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 27, 2007.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was James R. Wyrsch of Kansas City, MO. Also appearing on the brief was J. Justin Johnson.

Counsel who presented argument on behalf of the appellee was D. Michael Green, AUSA, of Kansas City, MO.

Before MURPHY, HANSEN, and COLLOTON, Circuit Judges.

MURPHY, Circuit Judge.

Hessam Ghane was charged with criminal possession of potassium cyanide. The district court1 found that Ghane was rationally unable to understand the charges against him and was therefore mentally incompetent to stand trial under 18 U.S.C. § 4241. Ghane appeals, arguing that the district court erred by finding him incompetent. We affirm.

On February 4, 2003, Ghane was admitted to an emergency room in...

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