00-3345 U.S. v. Chiappetta

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“Chiappetta must do more than allege that she was emotionally upset during trial to come within the rule of Drope or Pate. ‘Not every manifestation of mental illness demonstrates incompetence to stand trial; rather the evidence must indicate a present inability to assist counsel or understand the charges.’ Eddmonds, 93 F.3d at 1314 (internal quotation omitted). Although Chiappetta argues that she was unable to assist her counsel, she does not tie this inability to legal incompetence. To the contrary, she withdrew the incompetency argument and never attempted to revive it between the time of the competency hearing on March 1, and April 24, when her mother was diagnosed. Even if we accept her contention that she was unable to communicate effectively and was distracted, those problems fall far short of legal incompetence. Chiappetta’s structural argument also fails because she was able to assist in her defense. Although she was described as distraught over her mother’s illness, she acted as other defendants do in trial, passing notes and making suggestions to her attorney. Chiappetta has not come close to identifying a structural error, and thus this argument does not undermine the district court’s decision to deny the requested continuance.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Hart, J., Diane P. Wood, J.