What is the test for denying a motion to hold a competency hearing?
MultiRegion, United States of America
The following excerpt is from United States v. DiMartino, 949 F.3d 67 (2nd Cir. 2020):
The denial of a motion to hold a competency hearing is reviewed for abuse of discretion. United States v. Arenburg, 605 F.3d 164, 169 (2d Cir. 2010). In exercising its discretion, the district court must "make findings on the record concerning the defendants competency where the facts presented to the court warrant such an inquiry." United States v. Auen, 846 F.2d 872, 878 (2d Cir. 1988).
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