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United States v. Walker

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


March 15, 1979

UNITED STATES OF AMERICA, APPELLEE,
v.
WILLIAM WALKER, DEFENDANT-APPELLANT.

Appeal from the United States District Court for the Southern District of New York.

This cause came on to be heard on the transcript of record from the United States District Court for the Southern District of New York, and was argued by counsel.

ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is affirmed.

1. Based upon the psychiatric reports before Judge Bonsal indicating that Walker was competent to stand trial and that his aberrational behavior was volitional, and, in addition, upon his own observation of the defendant's conduct, Judge Bonsal explicitly found that Walker was competent to stand trial.

2. We have shown deference to a trial judge's conclusion that he has no reasonable cause to believe a defendant to be incompetent. See, e.g., Newfield v. United States, 565 F.2d 203 (2d Cir. 1977); United States v. Marshall, 458 F.2d 446 (2d Cir. 1972). The re has been no showing here that Judge Bonsal abused his discretion in declining to order an additional examination pu rsuant to 18 U.S.C. ยง 4244. Newfield v. United States, supra, 565 F.2d at 206; United States v. Hall, 523 F.2d 665, 666 (2d Cir. 1975).

19790315

© 1998 VersusLaw Inc.



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