The following excerpt is from United States v. Nyenekor, No. 14-1939 (2nd Cir. 2015):
To be considered competent, a defendant must have "(1) sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and (2) a rational as well as factual understanding of the proceedings against him." United States v. Nichols, 56 F.3d 403, 410 (2d Cir. 1995) (internal quotation marks omitted). In making a competency determination, the
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