United States v. Mark McCowan , 558 F. App'x 642 ( 2014 )


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  •                 NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
    File Name: 14a0218n.06
    No. 13-5430
    UNITED STATES COURT OF APPEALS
    FOR THE SIXTH CIRCUIT
    FILED
    Mar 21, 2014
    UNITED STATES OF AMERICA,                               )                    DEBORAH S. HUNT, Clerk
    )
    Plaintiff-Appellee,                              )
    )    ON APPEAL FROM THE UNITED
    v.                                                      )    STATES DISTRICT COURT FOR
    )    THE EASTERN DISTRICT OF
    MARK E. MCCOWAN,                                        )    KENTUCKY
    )
    Defendant-Appellant.                             )
    BEFORE: GRIFFIN, WHITE, and STRANCH, Circuit Judges.
    PER CURIAM. Mark E. McCowan, a federal prisoner, appeals through counsel his
    conviction of conspiracy to distribute heroin, for which he was sentenced to 180 months of
    imprisonment. McCowan argues on appeal that his guilty plea was not voluntary because his
    mental capacity was diminished as a result of head injuries suffered in a car accident one year
    before he pled guilty.
    We review an alleged error under Rule 11 of the Federal Rules of Criminal Procedure for
    plain error where the defendant did not make any objection in the district court. United States v.
    Martin, 
    668 F.3d 787
    , 791 (6th Cir. 2012). A district court is required to order a competency
    hearing only where there is a bona fide doubt about the defendant’s competence. Warren v.
    Lewis, 
    365 F.3d 529
    , 533 (6th Cir. 2004).
    Review of the plea transcript in this case reveals no plain error on the district court’s part
    in not questioning McCowan’s competence. The only evidence McCowan offers to support his
    No. 13-5430
    United States v. McCowan
    argument that the district court was required to conduct further inquiry into his mental capacity is
    his statement to the court that he sometimes has pains in his head from the car accident, but that
    he never was treated for the injury. The rest of the transcript shows that McCowan competently
    responded to the court’s questions and even corrected the court’s statement that the parties had
    entered into a plea agreement. McCowan knew that the court was asking him questions to
    determine whether he was “clear about what [he was] saying,” and stated that he had “a clear
    mind.” Both counsel expressed their satisfaction that McCowan was competent. The district
    court specifically found that McCowan was in full possession of his faculties, had no apparent
    mental illness, and understood the proceeding. We conclude that this finding was not clearly
    erroneous.
    Because McCowan has failed to demonstrate any plain error during his plea proceeding,
    we affirm the district court’s judgment.
    -2-
    

Document Info

Docket Number: 13-5430

Citation Numbers: 558 F. App'x 642

Judges: Griffin, White, Stranch

Filed Date: 3/21/2014

Precedential Status: Non-Precedential

Modified Date: 10/19/2024