Opinion
No. 08-50304 Summary Calendar.
April 8, 2009.
Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
Theresa Mallon Connolly, for Defendant-Appellant.
Appeal from the United States District Court for the Western District of Texas, No. 5:07-CR-533-ALL.
Before SMITH, STEWART, and SOUTHWICK, Circuit Judges.
April Wormly pleaded guilty of violating 18 U.S.C. § 1038(a)(1) by making telephone calls stating that there was a bomb on an aircraft. She contends the district court erred in failing to order a competency examination sua sponte and in failing to convene a competency hearing. A review of the record reveals that the district court did not abuse its discretion in failing to conduct a more searching competence inquiry. See United States v. Messervey. 317 F.3d 457, 463 (5th Cir. 2002); United States v. Davis, 61 F.3d 291, 304 (5th Cir. 1995); United States v. Williams, 819 F.2d 605, 607 (5th Cir. 1987); United States v. Horovitz, 584 F.2d 682, 683 n. 3 (5th Cir. 1978).
Wormly avers that the district court erred in imposing sentence without the benefit of a formal presentence investigation report. In her plea agreement, Wormly waived the right to assert this issue on appeal. See United, States v. Melancon, 972 F.2d 566, 567-68 (5th Cir. 1992).
AFFIRMED.