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U.S. v. GILLENWATER

Nos. 11-30363, 12-30027.

717 F.3d 1070 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Lee GILLENWATER, II, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Charles Lee Gillenwater, II, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 17, 2013.

Attorney(s) appearing for the Case

Dan B. Johnson , Spokane, WA, for Defendant-Appellant.

Timothy J. Ohms , Assistant United States Attorney, Spokane, WA, for Plaintiff-Appellee.

Before: RAYMOND C. FISHER, RONALD M. GOULD, and RICHARD A. PAEZ, Circuit Judges.

OPINION

PAEZ, Circuit Judge:

Defendant Charles Lee Gillenwater, II, appeals the district court's order finding him incompetent to stand trial. The district court made its determination after ordering a psychological examination of Gillenwater and conducting a pretrial competency hearing pursuant to 18 U.S.C. §§ 4241, 4247. At the hearing, Gillenwater sought to testify against the advice of his counsel. This led to a disruptive outburst from Gillenwater...

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