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United States v. Figueroa-González

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Before Boudin, Dyk *fn1 and Thompson, Circuit Judges.

Ra_l Figueroa-Gonz_lez (“Figueroa”) was charged, in two separate indictments, with four counts of carjacking, 18 U.S.C. _ 2119(1) (2006), and four counts of use of a firearm during and in relation to a crime of violence, id. _ 924(c)(1)(A). The two cases were eventually consolidated for change-of-plea and sentencing, and Figueroa then pled guilty to three counts of carjacking and one of firearm use. He now appeals the conviction, contesting the district court’s finding of competency.

The issue of Figueroa’s competence arose during plea bargaining, and the government, pursuant to 18 U.S.C. _ 4241(a)-(b), requested a comprehensive mental evaluation at a federal medical facility. In response, the district court appointed forensic psychiatrist Cynthia Casanova Pelosi and–on Casanova’s recommendation–clinical psychologist Mar_a Teresa Margarida Juli_; both evaluations were conducted at a local detention center, rather than a federal facility.

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