153039P.pdf   10/05/2016  United States  v.  Thomas Zavesky
   U.S. Court of Appeals Case No:  15-3039
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Erickson, Author, with Smith and Colloton, Circuit Judges] 
   Criminal case - Criminal law. On this record, the information before the 
   district court was sufficient to establish reasonable cause to investigate 
   defendant's mental competency; while the preferred practice would be to 
   have defendant present when it appears likely that the defendant and his 
   counsel are at odds about the need for such an evaluation, under the 
   circumstances of this case, the process and the procedures undertaken by 
   the district court were sufficient to meet the minimum requirements of the 
   Due Process Clause; defendant's asserted lack of notice and opportunity to 
   be personally heard before an evaluation was ordered was, at most, a trial 
   error and harmless; 18-month delay between when defendant appeared on the 
   charges and the commencement of trial was occasioned by his exam, 
   defendant's three changes of counsel and defendant's five motions for 
   continuance and did not rise to level of a Sixth Amendment violation; 
   Speedy Trial Act specifically excludes from consideration delays resulting 
   from mental competency exams and there was no violation of the Speedy 
   Trial Act; conviction for both receipt and possession of child pornography 
   did not violate Double Jeopardy as the indictment and the proof involved 
   different images and dates for each offense; no error in denying 
   defendant's motion to suppress as he was not in custody at the time he 
   made the statements; officers had probable cause to detain defendant's 
   truck based on the background information in the case and defendant's 
   statements, and the warrantless seizure of his truck and laptop did not 
   violate his rights.