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U.S. v. FLORES-MARTINEZ

No. 11-40376.

677 F.3d 699 (2012)

UNITED STATES of America, Plaintiff-Appellee v. Antonio FLORES-MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 16, 2012.

Attorney(s) appearing for the Case

Julia Bowen Stern , Renata Ann Gowie , James Lee Turner (argued), Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Fed. Pub. Def., Timothy William Crooks (argued), H. Michael Sokolow , Asst. Fed. Pub. Defenders, Fed. Pub. Defender's Office, Houston, TX, for Defendant-Appellant.

Before REAVLEY, ELROD and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

Appellant Antonio Flores-Martinez ("Flores-Martinez") was convicted under 8 U.S.C. § 1326(a) and (b)(1) for being found unlawfully present in the United States after previous deportation subsequent to a felony conviction. On appeal, he challenges his conviction on the grounds that: (1) the district court violated his due process right to a fair trial when it denied him a psychological/psychiatric evaluation for competency purposes and failed...

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