Filed: Jun. 05, 2015
Latest Update: Mar. 02, 2020
Summary: 14-1939 United States v. Nyenekor UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORD
Summary: 14-1939 United States v. Nyenekor UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDE..
More
14‐1939
United States v. Nyenekor
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER
JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S
LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER
THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A
SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
At a stated term of the United States Court of Appeals for the Second
Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley
Square, in the City of New York, on the 5th day of June, two thousand fifteen.
PRESENT: RICHARD C. WESLEY,
PETER W. HALL,
SUSAN L. CARNEY,
Circuit Judges.
____________________________________________
UNITED STATES OF AMERICA,
Appellee,
‐v.‐ No. 14‐1939
CARPEAH R. NYENEKOR, SR.,
Defendant‐Appellant.
____________________________________________
1
For Appellee: Scott Hartman, Margaret Garnett, Assistant
United States Attorneys, for Preet Bharara,
United States Attorney for the Southern
District of New York, New York, NY.
For Defendant‐Appellant: Ryan Thomas Truskoski, Harwinton, CT.
Appeal from the United States District Court for the Southern District of
New York (Seibel, J.).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED,
ADJUDGED AND DECREED that the order is AFFIRMED.
Defendant‐Appellant Carpeah R. Nyenekor, Sr., appeals from an order
entered on May 28, 2014, in the United States District Court for the Southern
District of New York, finding that Nyenekor was suffering from a mental disease
or defect that rendered him mentally incompetent to assist in his defense and,
thus, incompetent to stand trial.
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
2
district court may rely on medical opinions, its observation of the defendantʹs
behavior, and other factors. See id. at 411.
We review a district court’s competency determination for clear
error. See United States v. Morrison, 153 F.3d 34, 46 (2d Cir. 1998). We identify no
clear error here. The district court’s determination was based on (1) the report
and testimony of a staff psychologist at the Metropolitan Correction Center who
had interviewed Nyenekor on several occasions and had concluded that he was
unable to assist in his own defense; (2) the report of a forensic psychologist
identified by Nyenekor, who concluded that Nyenekor was mentally impaired,
although, in that doctor’s opinion, competent to stand trial; (3) Nyenekor’s own
testimony at the competency hearing; and (4) the court’s observation of
Nyenekor at the competency hearing and in other proceedings. This evidence
supported the district court’s finding that Nyenekor lacked the ability to “consult
with his lawyer with a reasonable degree of rational understanding” and a
“rational . . . understanding of the proceedings against him.” Nichols, 56 F.3d at
410.
3
We have considered all of Nyenekor’s arguments, including those raised
in his pro se brief, and find them to be without merit. Accordingly, we AFFIRM
the order of the district court.
FOR THE COURT:
Catherine O’Hagan Wolfe, Clerk
4