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U.S. v. GHANE

No. 08-3700.

593 F.3d 775 (2010)

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

United States Court of Appeals, Eighth Circuit.

Filed: January 29, 2010.

Attorney(s) appearing for the Case

J. Justin Johnston, Wyrsch Hobbs & Mirakian, P.,C., Kansas City, MO, argued (James R. Wyrsch, on the brief), for appellant.

D. Michael Green, Asst. U.S. Atty., Kansas City, MO, argued (John F. Wood, U.S. Atty., on the brief), for appellee.

Before MURPHY, HANSEN, and BYE, Circuit Judges.

HANSEN, Circuit Judge.

This is the third time we have reviewed Dr. Hessam Ghane's competency to stand trial. Following the most recent competency hearing held in September 2008, the district court determined that Dr. Ghane was not then able to consult with and assist his attorneys in his defense, nor would he achieve competency within the foreseeable future. With all due respect to the district court, we believe it clearly erred by basing its conclusion on improper...

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