U.S. v. Timmins
| Decision Date | 17 July 2002 |
| Docket Number | No. 00-30224.,00-30224. |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Dennis Paul TIMMINS, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Ninth Circuit |
William S. Labahn, Law Offices of William S. Labahn, P.C., Eugene, OR, for the defendant-appellant.
Michael W. Mosman, United States Attorney, Portland, OR, for the plaintiff-appellee.
Appeal from the United States District Court for the District of Oregon; Anna J. Brown, District Judge, Presiding. D.C. No. CR-99-00049-AJB.
Before: TROTT and T.G. NELSON, Circuit Judges, and SHADUR,* District Judge.
Dennis Timmins ("Timmins") appeals his jury conviction on three counts of unarmed bank robbery, one count of armed bank robbery and a firearms offense in violation of 18 U.S.C. §§ 924(c)(1) and 2113(a) and (d),1 on which he is currently serving a sentence of just under 30 years—354 months. Timmins contends (1) that he was incompetent to stand trial, (2) that there was insufficient evidence to support his convictions for armed bank robbery, carrying a firearm in a crime of violence and one of the unarmed bank robbery counts and (3) that his sentences for the unarmed bank robberies should be vacated in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Because the district court inquired inadequately into Timmins' ability to assist properly in his own defense, we remand for a determination whether Timmins' decision to go to trial rather than to accept an offered plea bargain was made competently.
If it is held on remand that Timmins' decision was in fact a competent one, his conviction will stand because there was sufficient evidence for a rational trier of fact to find him guilty on all counts beyond a reasonable doubt. In that respect, while there was no Apprendi error, the sentences imposed on the three counts of unarmed bank robbery exceeded the statutory maximum, so that those sentences would have to be reduced to the statutory maximum of 20 years.2 If on the other hand it is held on remand that Timmins was not competent to reach the decision to go to trial within the meaning of the last clause of Section 4241(a), his convictions must be vacated and further proceedings are to follow the course marked out in this opinion.
On January 27, 1999 a six-count indictment was filed against Timmins charging him with these offenses:
Count 1: Bank robbery on July 17, 1998, in violation of Section 2113(a)
Count 2: Bank robbery on September 24, 1998, in violation of Section 2113(a)
Count 3: Armed bank robbery on September 28, 1998, in violation of Sections 2113(a) and (d)
Count 4: Using and carrying a firearm during a crime of violence (the September 28, 1998 bank robbery), in violation of Section 924(c)(1)
Count 5: Bank robbery on September 30, 1998, in violation of Section 2113(a)
Count 6: Bank robbery on January 4, 1999, in violation of Section 2113(a)
Count 1 was dismissed on the government's motion before trial. That left in place charges that, even apart from any overall possibility of consecutive sentencing, carried the potential for a 25-year-maximum term for armed bank robbery plus a mandatory five-year consecutive sentence for the gun charge—a total of 30 years.
At some point the government offered, and Timmins' attorney strongly recommended that he accept, a guilty plea with a 12-1/2-year custodial term-less than half of what Timmins faced in the event of his conviction at trial. Timmins refused to consider the plea offer—a refusal explained by the psychiatric and psychological evaluations of two professionals.
First of those was psychiatrist Dr. Esther Gwinnell, who was authorized to evaluate Timmins' competency to stand trial after he filed his first motion for a competency hearing in February 1999. Dr. Gwinnell's May 7, 1999 report stated in relevant part:
Dennis Timmins is a 35 year old man who has an extensive history of psychosis, and has been hospitalized on multiple occasions. At the time of my evaluation, he demonstrates an ongoing delusional process of the type that I would describe as Paranoia, with a fixed delusional belief that he is being harassed by the police and "the system" because of their envy and resentment about his athletic ability and his intellect. He presents as guarded and suspicious, and interprets everything that happens around him according to his delusional beliefs. He also is quite grandiose in his presentation, believing that he is smarter than everyone around him, and attributing all disagreement with his beliefs to envy or resentment.
* * * * * *
Because of his idiosyncratic interpretation of the world around him, he has irrational beliefs about how his case should be defended that are not only outside of the ordinary legal process, but which have more to do with the process of his mental illness than any appropriate defense. He does not have the capacity [to] make a reasoned choice among the alternatives available to him because he has no insight into his illness and completely believes his delusions. Although he appears to understand the nature of the charges against him, i.e. criminal charges for bank robbery, I am not clear that he understands the severity of the crime of bank robbery. He referred to this at one point as "trivial." He appears to understand the consequence of being found guilty. However, his irrational demands and paranoid ideation make it highly unlikely that he can appropriately assist in his own defense.
His DSM IV diagnosis is:
Axis I: Delusional Disorder, Grandiose and Persecutory Subtype
History of methamphetamine abuse, possible other substance abuse cannot be ruled out
R/O Schizoaffective Disorder with bipolar pattern but persistent delusions separate from affective symptoms
After reviewing that report, the district court entered an order pursuant to Section 4241(d) committing Timmins to the custody of the Attorney General for observation and treatment to restore competency. On September 24 psychologist Dr. Richard Frederick at the Medical Center for Federal Prisoners in Springfield, Missouri ("FMC") issued a report as to Timmins' competency. Like Dr. Gwinnell, Dr. Frederick confirmed that Timmins displayed "persecutory and grandiose delusional beliefs," including the perception that he was being harassed by police because they were jealous of him. Dr. Frederick's report also coincided with Dr. Gwinnell's DSM IV Axis I diagnosis ("Axis I: Methamphetamine abuse[,] Schizophrenia, Paranoid Type, Chronic"). As Dr. Frederick likewise found:
The consequence of allowing Mr. Timmins to proceed in this matter, if our analysis is correct, is that he will go to trial with little chance of acquittal. He will make ineffectual arguments against the apparently strong evidence that exists against him, and he will be found guilty. This would seem to be the same as allowing any "obviously" guilty party to proceed to trial with no defense except a denial of guilt. The primary consequence of his apparently delusional beliefs for Mr. Timmins, then, is that he probably will not rationally consider a plea agreement in this matter. We predict that he will dismiss any consideration of a plea agreement and that his reasons for doing so will be based primarily in psychosis. A secondary consequence of his delusional belief is that he may fail to provide his attorney with some useful information that could otherwise result in an acquittal.
Despite that analysis Dr. Frederick concluded that "the preponderance of evidence supports the conclusion that he is competent" but "there is room for disagreement."3 FMC filed a Certificate of Competency.
At a November 8 status hearing the government indicated that based on Dr. Frederick's report, its position was that Timmins was competent to proceed. Timmins' counsel asked that Dr. Gwinnell be permitted to review Dr. Frederick's report and reexamine Timmins. After stating that it appeared that Timmins was capable of aiding and assisting in his defense, the court entered a contingent finding of competency, provided for re-examination by Dr. Gwinnell and set the case for trial.
In December 1999 Timmins' case was reassigned to another district judge. Defense counsel filed a second motion for a competency hearing, supported by these aspects of Dr. Gwinnell's further report of January 9, 2000:
Over all, I believe that Dr. Frederick's opinion in this case was well supported by the outcome of my evaluation of Mr. Timmins on January 7, 2000. Although I believe his mental status has improved slightly with the medication, he continues to believe his delusional system without question. He adamantly refused to consider plea agreements and repeatedly offered up denials of the significance of the evidence in his case, based on his delusional beliefs.
* * * * * *
His irrational beliefs clearly prevent him from appropriately understanding the likely outcome of a trial, and prevent him from understanding the consequences of his decisions regarding plea agreements or being found guilty at trial. Simply put, his delusions lead him to believe that he will be acquitted of all charges, regardless of the evidence presented at trial.
* * * * * *
Dr. Frederick concluded that the preponderance of the evidence supported the conclusion that Mr. Timmins is competent to proceed. However, I believe that the fact that Mr. Timmins has behaved in precisely the manner which Dr. Frederick predicted suggests that the preponderance of evidence supports a conclusion that Mr. Timmins is not competent to proceed, and that he continues to base his decisions in his case on his delusions.
In response to the renewed defense motion, the district judge held a hearing on February 8, 2000. At the outset of that hearing Timmins requested appointment of new counsel, explaining that he and his lawyer differed as to...
To continue reading
Request your trial
-
Hayes v. Woodford
...we do not, without question, blindly accept counsel's representations concerning his client's mental state. See United States v. Timmins, 301 F.3d 974, 981-82 (9th Cir.2002). 31. Those misguided decisions included his instruction to his attorney that he did not want any family members invol......
-
U.S.v. Salley, 01 CR 0750.
...either to understand the nature and consequences of the proceeding or to assist properly in his defense. See United States v. Timmins, 301 F.3d 974, 979 (9th Cir.2002) (Shadur, J. sitting by designation) (pointing out that the test consists of two prongs: understanding the proceedings and c......
-
U.S. v. Odom
...not be blatantly brandished. Lifting up a jacket so that a victim can see a gun tucked into a waistband is enough. United States v. Timmins, 301 F.3d 974, 983 (9th Cir.2002). Similarly, just mentioning a gun in the course of robbing a bank, even if the gun is never actually displayed, is su......
-
U.S. v. Weber
...did not move for an acquittal, however, we review his sufficiency of the evidence claims only for plain error. United States v. Timmins, 301 F.3d 974, 983 (9th Cir.2002); United States v. Vizcarra-Martinez, 66 F.3d 1006, 1009-10 (9th Weber claims that his conviction is flawed because there ......
-
Competency to Proceed to Trial Evaluations and Rational Understanding
...v. Hemsi, 901 F.2d 293, 295 (2d Cir. 1990).United States v. Nagy, 19 F.2d 139 (Southern District of NY. 1998).United States v. Timmins, 301 F.3d 974 (9th Cir. 2002).Wieter v. Settle, 193 F. Supp, 318 (W.D. Mo, 1961).Youtsey v. United States, 97 F. 937 (6th Cir. 1899).Zapf, P. A., & Roesch, ......