United States v. Williams, 72-1269 Summary Calendar.

Decision Date28 November 1972
Docket NumberNo. 72-1269 Summary Calendar.,72-1269 Summary Calendar.
Citation468 F.2d 819
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Freddie WILLIAMS, Defendant-Appellant.
CourtU.S. Court of Appeals — Fifth Circuit

F. Irvin Dymond, William L. Crull, III, New Orleans, La., for defendant-appellant.

Gerald J. Gallinghouse, U. S. Atty., Patrick C. McGinity, Mary Williams Cazalas, Asst. U. S. Attys., New Orleans, La., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.

PER CURIAM:

Freddie Williams was convicted upon trial by jury of two counts of an indictment alleging sale of heroin,1 and he appeals. We affirm.

The appellant's principal contention on this appeal is that the trial court erred in not ordering a competency hearing at the time of trial, to determine whether he was incompetent to stand trial because of narcotic addiction.2

The United States Code, 18 U.S.C. § 4244, provides for a competency hearing on motion of the United States Attorney, of the defendant, or on the court's own motion. At the trial of this case, however, no request was made for a competency hearing, nor was the defense of insanity raised.

The sole indication of the appellant's being addicted to narcotics was contained in his and his retained counsel's remarks to the court in mitigation at the time of sentencing. Even then there was no suggestion that Appellant Williams was or had been incompetent to stand trial.

Use of narcotics does not per se render a defendant incompetent to stand trial. See Grennett v. United States, 1968, 131 U.S.App.D.C. 202, 403 F.2d 928, and cases cited in n. 4 at 931. As the Supreme Court has well stated, the "test must be whether the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding— and whether he has a rational as well as factual understanding of the proceedings against him." Dusky v. United States, 1960, 362 U.S. 402, 80 S.Ct. 788, 4 L. Ed.2d 824.

Section 4244 provides in part that a competency hearing shall be held if there is "reasonable cause to believe that a defendant may be presently insane or otherwise so mentally incompetent as to be unable to understand the proceedings against him or properly to assist in his own defense * * *." We hold that the district court did not err in failing to order such a hearing on its own motion, since no "reasonable cause" for it was presented. Cf. United States v. Roca-Alvarez, 5th Cir. 1971, 451 F.2d 843. Expressed in another way, the district court did not abuse its discretion in failing to order sua sponte a hearing on the appellant's competency to stand trial. See Rice v. United States, 5th Cir. 1969, 420 F.2d 863, cert. denied 398 U.S. 910, 90 S.Ct. 1705, 26 L.Ed.2d 70; Green v. United States, 1967, 128 U.S.App.D.C. 408, 389 F.2d 949.

The appellant correctly contends in his brief, that he has the right to raise the issue of his competency to stand trial by filing a motion to vacate the judgment as is authorized by 28 U. S.C. § 2255. Sanders v. United States, 1963, 373 U.S. 1, 83 S.Ct. 1068, 10 L. Ed.2d 148; Smith v. United States, 5th Cir. 1970, 431 F.2d 565. In such proceedings he also can seek relief on grounds that his counsel failed to render effective assistance. See Atilus v. United States, 5th Cir. 1969, 406 F.2d 694. Furthermore, there is a possibility that relief may be forthcoming to the appellant under the provisions of 18 U.S.C. § 4245, governing mental incompetency of a defendant which was undisclosed at trial. We deem it inappropriate to remand the cause, on this record, for a belated § 4244 hearing.

Mr. Williams has elected to represent himself on this appeal. In consideration of this circumstance, we have meticulously examined the...

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    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • January 4, 1990
    ...se render a defendant incompetent to stand trial," Reed v. United States, 529 F.2d 1239, 1241 (5th Cir.) (quoting United States v. Williams, 468 F.2d 819, 820 (5th Cir.1972)), cert. denied, 429 U.S. 887, 97 S.Ct. 241, 50 L.Ed.2d 169 (1976), necessarily vitiate a party's consent to have tele......
  • Roberts v. State
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    • Alabama Court of Criminal Appeals
    • May 28, 2010
    ...per se, render a defendant incompetent to stand trial. See United States v. Robinson, [530 F.2d 677 (5th Cir.1976) ]; United States v. Williams, 468 F.2d 819 (5th Cir.1972); Eathorne [ v. State, 448 So.2d 445 (Ala.Crim.App.1984) ].” Stephens v. State, 512 So.2d 782, 785 (Ala.Crim.App.1986),......
  • United States v. Wingo
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    • U.S. Court of Appeals — Eleventh Circuit
    • June 16, 2015
    ...a district court's failure to sua sponte order a hearing on the defendant's competency under Section 4241. United States v. Williams, 468 F.2d 819, 820 (5th Cir.1972).10 Here, the combined evidence under two of the three prongs created reasonable cause to believe that Wingo was incompetent ......
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