UNITED STATES of Am., Plaintiff-Appellee, v. Jacobo LOYOLA-DOMINGUEZ, Defendant-Appellant, 125 F.3d 1315 (9th Cir. 1997). · Go Syfert
UNITED STATES of Am., Plaintiff-Appellee, v. Jacobo LOYOLA-DOMINGUEZ, Defendant-Appellant, 125 F.3d 1315 (9th Cir. 1997). Cases Citing This Book View Copy Cite
105 citation events (94 in the last 25 years) across 21 distinct courts.
Strongest positive: State v. Flow (nc, 2023-04-28)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 49 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State v. Flow (3×) also: Cited as authority (rule), Cited "see"
N.C. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
s suicide attempt on the eve of trial raised significant doubts regarding his competency to stand trial. in these circumstances, due process required a hearing to ascertain whether or not he was competent.
discussed Cited as authority (verbatim quote) Does 1 Through 976 v. Chiquita Brands International, Inc.
11th Cir. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he public records exception is one of the few hearsay exceptions that does not require a foundation.
discussed Cited as authority (verbatim quote) United States v. Mikhel (2×) also: Cited as authority (rule)
9th Cir. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
also of concern is response to the question from the court, 'do you know what's going on?' loyola-dominguez answered, 'i don't know. i've never been like this, so i don't know.
examined Cited as authority (verbatim quote) United States v. William Weiland (4×) also: Cited as authority (rule), Cited "see"
9th Cir. · 2005 · quote attribution · 1 verbatim quote · confidence high
he public records exception is one of the few hearsay exceptions that does not require a foundation.
discussed Cited as authority (verbatim quote) United States v. Weiland (2×) also: Cited "see"
9th Cir. · 2005 · quote attribution · 1 verbatim quote · confidence high
he public records exception is one of the few hearsay exceptions that does not require a foundation.
discussed Cited as authority (rule) Center for Biological Diversity v. U.S. Forest Service; Brooke Rollins, in her official capacity; Rebecca Brooke, in her official capacity; Douglas County, Oregon; Coos County, Oregon; Save the Riders Dunes, Inc.
D. Or. · 2026 · confidence medium
Plaintiff contends that public documents do not require a “foundation” because documents that fall under this exception “are presumed trustworthy, placing the burden of establishing untrustworthiness on the opponent of the evidence.” Id. (quoting United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir. 1997) (internal citation and quotation marks omitted)).
cited Cited as authority (rule) Mahoney v. City of Bradenton, Bradenton Police Department
M.D. Fla. · 2025 · confidence medium
Public records are a type of document “that does not require a foundation.” Id. (quoting United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir. 1997)).
discussed Cited as authority (rule) United States v. Roberto Lopez (2×)
9th Cir. · 2014 · confidence medium
In United States v. Loyola-Dominguez, 125 F.3d 1315, 1317-18 (9th Cir.1997), we reaffirmed that warrants of deportation are admissible in Section 1326 prosecutions even though they describe a matter observed by border patrol agents.
discussed Cited as authority (rule) United States v. Roberto Lopez (2×)
9th Cir. · 2014 · confidence medium
In United States v. Loyolar-Dominguez, 125 F.3d 1315,1317-18 (9th Cir.1997), we reaffirmed that warrants of deportation are admissible in Section - 1326 prosecutions even though they describe a matter observed by border patrol agents.
discussed Cited as authority (rule) Ruiz v. Fernandez
E.D. Wash. · 2013 · confidence medium
Under Federal Rule of Evidence 803(8), a public record or report is not excluded by the hearsay rules in a civil case if it sets out “factual findings from a legally authorized investigation” and “neither the source of information nor other circumstances indicate a lack of trustworthiness.” Documents that fall within Rule 803(8) “are presumed trustworthy, placing the burden of establishing untrustworthiness on the opponent of the evidence.” United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir.1997) (internal quotation omitted); see also Johnson v. City of Pleasanton, 982…
cited Cited as authority (rule) United States v. Edward Valenzuela
9th Cir. · 2012 · confidence medium
Weiland, 420 F.3d at 1074 ; United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir.1997).
discussed Cited as authority (rule) People ex rel. Madigan v. Kole
Ill. App. Ct. · 2012 · confidence medium
United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir. 1997) (“the [federal] public records exception is one of the few hearsay exceptions that does not require a foundation” since the documents are presumed trustworthy); 2 Robert J.
cited Cited as authority (rule) United States v. Diaz-Lopez
9th Cir. · 2010 · confidence medium
United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir.1997) (holding that case law “clearly establishes that warrants of deportation are public records within the meaning of Rule 803(8)”).
discussed Cited as authority (rule) United States v. Roberto Sepulveda
9th Cir. · 2010 · confidence medium
Moreover, Sepulveda has failed to meet, his burden of establishing that the TECS records are untrustworthy, which as public records “are presumed trustworthy.” United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir.1997).
discussed Cited as authority (rule) Maxwell v. Roe (2×) also: Cited "see, e.g."
9th Cir. · 2010 · confidence medium
We recognize that “[not] every suicide attempt inevitably creates a doubt *571 concerning the defendant’s competency.” United States v. Loyolar-Dominguez, 125 F.3d 1315, 1319 (9th Cir.1997).
discussed Cited as authority (rule) State v. Kiser
Tenn. · 2009 · signal: cf. · confidence medium
Cf. United States v. Loyola-Dominguez, 125 F.3d 1315, 1318-19 (9th Cir.1997) (competency hearing required where defendant attempted suicide on eve of trial and trial court failed to elicit adequate information to dispel concerns).
cited Cited as authority (rule) United States v. Carlos Marguet-Pillado
9th Cir. · 2009 · confidence medium
See Bahena-Cardenas, 411 F.3d at 1074-75 ; United States v. Loyola-Dominguez, 125 F.3d 1315, 1317-18 (9th Cir. 1997).
cited Cited as authority (rule) United States v. Marguet-Pillado
9th Cir. · 2009 · confidence medium
See Bahena-Cardenas, 411 F.3d at 1074-75 ; United States v. Loyola-Dominguez, 125 F.3d 1315, 1317-18 (9th Cir.1997).
cited Cited as authority (rule) United States v. Vidacak
4th Cir. · 2009 · confidence medium
See, e.g., United States v. Doyle, 130 F.3d 523, 546 (2d Cir.1997); United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir.1997).
cited Cited as authority (rule) United States v. Pantic
4th Cir. · 2009 · confidence medium
See, e.g., United States v. Doyle, 130 F.3d 523, 546 (2d Cir.1997); United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir.1997).
discussed Cited as authority (rule) Taylor v. Horn
3rd Cir. · 2007 · confidence medium
He talks about having his life in God’s hands, and whether or not he gets the death penalty will be up to God.” (App. at 322.) Dr. Elyan reached a similar 28 Jermyn, 266 F.3d at 293 (early suicide attempt did not implicate competency vel non to stand trial) with Drope, 420 U.S. at 178-80 (mid-trial suicide attempt raised doubt as to competency); United States v. Loyola-Dominguez, 125 F.3d 1315, 1319 (9th Cir. 1997) (suicide attempt on eve of trial raised doubt as to competency); and Tiller v. Esposito, 911 F.2d 575, 578 (11th Cir. 1990) (two suicide attempts while in pre-trial incarceratio…
discussed Cited as authority (rule) Taylor v. Horn
3rd Cir. · 2007 · confidence medium
And his suicide attempt occurred long before the plea and penalty proceedings. 15 *435 Compare Jermyn, 266 F.3d at 293 (early suicide attempt did not implicate competency vel non to stand trial) with Drope, 420 U.S. at 178-80 , 95 S.Ct. 896 (mid-trial suicide attempt raised doubt as to competency); United States v. Loyola-Dominguez, 125 F.3d 1315, 1319 (9th Cir.1997) (suicide attempt on eve of trial raised doubt as to competency); and Tiller v. Esposito, 911 F.2d 575, 578 (11th Cir.1990) (two suicide attempts while in pre-trial incarceration raised doubt as to competency).
discussed Cited as authority (rule) United States v. Ballesteros-Selinger
9th Cir. · 2007 · confidence medium
We presume that documents admitted under the public records exception are trustworthy, United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir.1997), and Ballesteros has not met his burden to overcome this presumption. 9 D.
discussed Cited as authority (rule) United States v. Ballesteros-Selinger
9th Cir. · 2006 · confidence medium
We presume that documents admitted under the public records exception are trustworthy, United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir.1997), and Ballesteros has not met his burden to overcome this presumption. 9 D.
cited Cited as authority (rule) United States v. Hummingway
9th Cir. · 2004 · confidence medium
Compare Odie v. Woodford, 238 F.3d 1084, 1087 (9th Cir.2001); United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir.1997).
cited Cited as authority (rule) United States v. Torres-Garcia
9th Cir. · 2004 · confidence medium
Fed.R.Evid. 803(8); see United States v. Hernandez-Herrera, 273 F.3d 1213, 1217-18 (9th Cir.2001); United States v. Loyola-Dominguez, 125 F.3d 1315, 1317 (9th Cir.1997). 2.
cited Cited as authority (rule) United States v. Oceguerra-Aguirre
9th Cir. · 2003 · confidence medium
United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir.1997).
cited Cited as authority (rule) United States v. Santos Renan Orellana-Blanco
9th Cir. · 2002 · confidence medium
United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir.1997) (internal quotations omitted). 28 .
discussed Cited as authority (rule) Commonwealth v. Laurore
Mass. · 2002 · confidence medium
Even if the defendant had attempted suicide during his episode of distress (he did not), a suicide attempt alone does not always “create[] a doubt concerning the defendant’s competency.” Commonwealth v. Lameire, 50 Mass. App. Ct. 271, 277 (2000), quoting United States v. Loyola-Dominguez, 125 F.3d 1315, 1318-1319 (9th Cir. 1997).
cited Cited as authority (rule) United States v. Gonzales-Hernandez
9th Cir. · 2002 · confidence medium
United States v. Loyolar-Dominguez, 125 F.3d 1315, 1317-18 (9th Cir.1997).
cited Cited as authority (rule) Hastings v. Yukins
E.D. Mich. · 2002 · confidence medium
Contreras v. Rice, 5 F.Supp.2d 854, 864 (C.D.Cal.1998) (quoting United States v. Loyola-Dominguez, 125 F.3d 1315, 1318-1319 (9th Cir.1997)).
discussed Cited as authority (rule) Jermyn v. Horn (2×)
3rd Cir. · 2001 · confidence medium
E.g., Drope, 420 U.S. at 178-80 , 95 S.Ct. 896 (holding that trial court should have ordered competency evaluation where, inter alia, defendant shot himself during trial; Court noted that mid-trial suicide attempt “suggests a rather substantial degree of mental instability contemporaneous with the trial”); United States v. Loyola-Dominguez, 125 F.3d 1315, 1319 (9th Cir.1997) (stating that defendant’s suicide attempt on the eve before trial began should have given court “reason to doubt” defendant’s competency, especially in view of equivocal answers defendant gave to the court when…
discussed Cited as authority (rule) Fredric Jermyn v. Martin Horn, Pennsylvania Department of Corrections, Commissioner of the Pennsylvania Department of Corrections Ben Varner, Superintendent State Correctional Institution at Greene Charles H. Zimmerman, Superintendent, State Correctional Institution at Waymart Joseph P. Mazurkiewicz, Superintendent, State Correctional Institution at Rockview Fredric Jermyn v. Martin Horn, Pennsylvania Department of Corrections, Commissioner of the Pennsylvania Department of Corrections Ben Varner, Superintendent State Correctional Institution at Greene Charles Zimmerman, Superintendent, State Correctional Institution at Waymart Joseph P. Mazurkiewicz, Superintendent, State Correctional Institution at Rockview (2×)
3rd Cir. · 2001 · confidence medium
E.g., Drope, 420 U.S. at 178-80 (holding that trial court should have ordered competency evaluation where, inter alia, defendant shot himself during trial; Court noted that mid-trial suicide attempt "suggests a rather substantial degree of mental instability contemporaneous with the trial"); United States v. Loyola- Dominguez, 125 F.3d 1315, 1319 (9th Cir. 1997) (stating that defendant's suicide attempt on the eve before trial began should have given court "reason to doubt" defendant's competency, especially in view of equivocal answers defendant gave to the court when it asked whether he unde…
discussed Cited as authority (rule) James Richard Odle v. Jeanne Woodford, Acting Warden, of California State Prison at San Quentin
9th Cir. · 2001 · signal: cf. · confidence medium
Cf. United States v. Loyola-Dominguez, 125 F.3d 1315, 1318-19 (9th Cir.1997) (competency hearing required where defendant attempted suicide on eve of trial and trial court failed to elicit adequate information to dispel concerns).
discussed Cited as authority (rule) Commonwealth v. Lameire (2×) also: Cited "see"
Mass. App. Ct. · 2000 · confidence medium
Because “[a]n attempted suicide is an extremely serious action,” United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir. 1997), the decision to dispense with further evaluation should be made charily, but “we do not believe that every suicide attempt inevitably creates a doubt concerning the defendant’s competency.” Id. at 1318-1319 .
discussed Cited as authority (rule) Sparkman v. State
Ind. Ct. App. · 2000 · confidence medium
In U.S. v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir.1997), the court held that documents that fall under the public records exception “are presumed trustworthy, placing the burden of establishing untrustworthiness on the opponent of the evidence.” However, “if the defendant can show that there is a reason to doubt the trustworthiness of the report, then the rule protects him.” Ealy v. State, 685 N.E.2d at 1054 .
discussed Cited as authority (rule) Contreras v. Rice
C.D. Cal. · 1998 · confidence medium
Although a genuine suicide attempt is very serious, not “every suicide attempt inevitably creates a [bona fide] doubt concerning the defendant’s competency.” 7 United States v. Loyolar-Dominguez, 125 F.3d 1315, 1318-19 (9th Cir.1997).
cited Cited "see" United States v. Mnatsakanyan
9th Cir. · 2025 · signal: see · confidence high
See United States v. Loyola-Dominguez, 125 F.3d 1315, 1319 (9th Cir. 1997).
cited Cited "see" Ngamfon v. U.S. Dep't of Homeland Sec.
C.D. Cal. · 2018 · signal: see · confidence high
See United States v. Loyola-Dominguez , 125 F.3d 1315 , 1317 (9th Cir. 1997) (INS documents such as warrants for deportation are admissible under 803(8) ).
discussed Cited "see" United States v. Luis Cerda-Ramirez (2×)
9th Cir. · 2018 · signal: see · confidence high
See United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir. 1997). 2.
cited Cited "see" Mamani v. Berzaín
unknown court · 2018 · signal: see · confidence high
See United States v. Loyola-Dominguez , 125 F.3d 1315 , 1318 (9th Cir. 1997) ("[T]he public records exception is one of the few hearsay exceptions that does not require a foundation.
discussed Cited "see" Mack West, Jr. v. Randy Grounds
9th Cir. · 2018 · signal: see · confidence high
See United States v. Loyola-Dominguez, 125 F.3d 1315, 1318-19 (9th Cir. 1997) (recognizing that not “every suicide attempt inevitably creates a doubt concerning the defendant’s competency”).
cited Cited "see" United States v. Raymond Fryberg, Jr.
9th Cir. · 2017 · signal: see · confidence high
See United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir. 1997) (construing a prior version of Rule 803(8)); see also Fed.
cited Cited "see" United States v. Johnny Garcia-Perez
9th Cir. · 2011 · signal: see · confidence high
See United States v. Loyola-Dominguez, 125 F.3d 1315, 1317-18 (9th Cir.1997).
discussed Cited "see" United States v. Adolfo Estrella-Yuan
9th Cir. · 2011 · signal: see · confidence high
See United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir.1997) (stating that documents. that fall under the public records exception are presumed trustworthy, and the opponent of the record bears the burden of establishing untrustworthiness).
cited Cited "see" United States v. Valdovinos-Mendez
9th Cir. · 2011 · signal: see · confidence high
See United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir.1997).
cited Cited "see" United States v. Valdovinos-Mendez
9th Cir. · 2011 · signal: see · confidence high
See United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir. 1997).
cited Cited "see" United States v. Valdovinos-Mendez
9th Cir. · 2011 · signal: see · confidence high
See United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir. 1997).
discussed Cited "see" United States v. Medrano
10th Cir. · 2009 · signal: see · confidence high
See United States v. Loyola-Dominguez, 125 F.3d 1315, 1317-18 (9th Cir. 1997) (holding that the district court properly admitted a warrant of deportation, arrest warrant, and order to show cause from a defendant’s A-File as public records); United States v. Agustino-Hernandez, 14 F.3d 42, 43 (11th Cir.1994) (concluding that documents from a defendant's A-File, including a warrant of deportation, an order to show cause, and a Form INS 1-94 were properly admitted under the public records exception without violating the law enforcement provision in Fed.R.Evid. 803(8)(B)); United States v. Hodul…
Retrieving the full opinion text from the archive…
47 Fed. R. Evid. Serv. 1314, 97 Cal. Daily Op. Serv. 7715, 97 Daily Journal D.A.R. 12,373 United States of America
v.
Jacobo Loyola-Dominguez
Mark J. Reichel, Assistant Federal Public Defender, Fresno, CA, for defendant-appellant., Joseph O. Johns, Assistant United States Attorney, Fresno, CA, for plaintiff-appellee.
Reinhardt, Nelson, Hawkins.
Cited by 71 opinions  |  Published
REINHARDT, Circuit Judge.

Jacobo Loyola-Dominguez appeals his conviction on one count of being a deported alien found in the United States following an aggravated felony conviction under 8 U.S.C. § 1326(b) (1994). Loyola-Dominguez bases his appeal on two grounds: first, he argues that the prosecution presented insufficient[*1316] competent evidence to convict him of the offense and that the district court therefore erred in denying his motion for judgment of acquittal; second, he maintains that the district court’s failure to grant a competency hearing following his attempted suicide constituted a violation of due process. Although we find the former claim to be without merit, we agree that, under the circumstances, his suicide attempt on the eve of trial raised a bona fide doubt concerning his competency and that the district court erred in refusing to grant a hearing on the issue.

BACKGROUND

On January 9, 1995, INS Special Agent Jerry Lee Kracher contacted Jacobo Loyola-Dominguez at the county jail in Fresno, California, where he was being detained. After Agent Kracher advised him of his rights under Miranda, Loyola-Dominguez agreed to submit to questioning. During the interview, Loyola-Dominguez admitted the following facts: (1) he is citizen of Mexico; (2) he was convicted in June 1990 of possessing cocaine for sale, a felony under California law; (3) he was twice deported from the United States, first in 1993, and again in 1994; and (4) he illegally re-entered the United States near Tijuana without inspection on January 3,1995. On the basis of this information, Loyola-Dominguez was indicted on one count of being a deported alien found in the United States and one count of being a deported alien found in the United States following an aggravated felony conviction. See 8 U.S.C. § 1326(a) & (b) (1994).

The trial on these charges was scheduled to begin on the morning of April 16, 1996. On the night of April 15, Loyola-Dominguez tried to commit suicide by hanging himself in his jail cell. In court the next morning, defense counsel advised the district judge that his client had attempted suicide the night before and moved for a hearing to determine competency to stand trial under 18 U.S.C. § 4241. [1] Defense counsel elaborated on his concerns regarding Loyola-Dominguez’s competency:

And I have additional information, background information, that he’s been in the isolation ward. He’s been in isolation, in the hole, I think it’s called, or administrative segregation since November. And in that particular environment he’s not given much exercise, much yard time, much— any educational or social interacting type of opportunities. In fact, it seems like it’s just isolation most of the time, except for showers and when he comes to court. And that type of sensory deprivation and isolation, in fact, may have led to what happened last night.
As well, he’s advised me that approximately two or three weeks ago there was a fight with himself and another member, a jail staff member. I know that the marshals advised me at one time that, yes, there was a fight at the jail with him and a staff member, a jail guard. He’s advised me that his jaw, his nose and his back was hurt in this altercation and that for three weeks he’s requested medicine or medical contact and he said he hasn’t received it. And then I was advised that last night he attempted suicide.

The court did not immediately grant or deny the motion, but instead briefly questioned Loyola-Dominguez (with the assistance of a translator) in order to determine whether a competency hearing was warranted. The following exchange represents the entire colloquy:

COURT: Mr. Loyola, your attorney asked to continue this matter and send you away for a psychiatric examination. Is it your desire to be examined by a psychiatrist or are you ready to go to trial today?
DEFENDANT: I don’t know. Whatever they want to do, because they’ve already— I’ve been abused a lot already. What I[*1317] want to do is get away from here, get out of here.
COURT: Well, then, you want to go ahead with the trial today?
DEFENDANT: Yeah, whatever.
COURT: Well, do you feel — do you know what’s going on? Do you know what’s going on at the trial?
DEFENDANT: I don’t know. I’ve never been here like this, so I don’t know.
COURT: Well, do you feel that you’re competent to understand what’s going on?
DEFENDANT: How long would it take? Because I just can’t stand anymore, the way they have me there. I feel desperate.

Following the exchange, the court appeared inclined to deny the motion; in particular, the court expressed concern about how long it would take to have Loyola-Dominguez examined by a psychiatrist.

COURT: Well, what does it usually take, a 90-day study for psychiatric study?
DEFENSE COUNSEL: I’ve had one done since I’ve been here, and it’s more than 90 days.
GOVERNMENT: I’m not sure if he’s asking how long the trial was going to take.
COURT: No, no, how long the psychiatric examination would take. Is it 120 days now?
DEFENSE COUNSEL: I had one done, your Honor, with Judge Coyle approximately a year ago, and it was about 120 days before he came back. He went to Springfield Medical — Federal Hospital in Missouri.
COURT: Well, he’s always appeared mentally competent when he’s been in court as far as I’m concerned and this is the first time that anything like this has happened, and he’s been in custody for over a year in the state system without any problem.

Following this brief discussion, the district court determined that there was no cause to question Loyola-Dominguez’s competency. It denied the motion for a hearing and summoned the jurors.

At trial, the government relied principally on Agent Kraeher to establish its case against Loyola-Dominguez. Agent Kraeher testified about his interview with Loyola-Dominguez, and he served as the conduit through which the government introduced documents from the INS’s Alien Registry File (otherwise known as the “A” file). The “A” file contained INS documents relating to Loyola-Dominguez, which the government used to prove that Loyola-Dominguez had previously been deported from the United States. On the stand, Agent Kraeher removed each document from the “A” file and explained its significance to the jury. [2]

The trial lasted one day and the jury quickly convicted Loyola-Dominguez on one count of being a deported alien found in the United States following an aggravated felony. Loyola-Dominguez made a motion for judgment of acquittal, which the court denied. This appeal followed.

DISCUSSION

A. Insufficient Evidence

Loyola-Dominguez argues that the district court should have granted his motion for judgment of acquittal because the government presented insufficient competent evidence to convict him. Specifically, Loyola-Dominguez maintains that the “A” file records admitted at his trial were hearsay evidence and were therefore inadmissible to prove his guilt. Furthermore, he asserts that admitting such hearsay evidence constituted a violation of his sixth amendment right to confront witnesses. See Ohio v. Roberts, 448 U.S. 56, 100 S.Ct. 2531, 65 L.Ed.2d 597 (1980). According to Loyola-Dominguez, without these documents, the government’s only evidence of guilt was his extrajudicial confession to Agent Kraeher, and under the corpus delicti rule, this evidence alone was insufficient to convict him. The government contends that the documents were properly admitted as public records. We agree with the government.

This court has held that warrants for deportation are generally admissible under Federal Rule of Evidence 803(8) and are not subject to the law enforcement exception to that rule. United States v. Hernandez-Rojas, 617 F.2d 533, 534-35 (9th Cir.1980) (find[*1318] ing that although such records are made by law enforcement agents, they reflect only “ministerial, objective observation^]” and do not implicate the concerns animating the law enforcement exception to the public records exception). Loyola-Dominguez does not challenge the government’s contention that the INS documents were admissible under the public records exception. Instead, he argues that the documents were inadmissible because of the government’s failure to establish a proper foundation for admitting them under a hearsay exception.

To support his argument, Loyola-Dominguez points out that when he objected to the admission of the documents at trial, the government erroneously maintained that the documents were “self-authenticating,” implying that there was a hearsay exception for self-authenticating documents. Although Loyola-Dominguez is correct in his assertion that no such hearsay exception exists, the trial court did not rely on the government’s characterization, but instead allowed the documents to be admitted as “official records of the Immigration & Naturalization agency.”

The gist of Loyola-Dominguez’s argument is that in seeking admission of hearsay evidence, the government was obligated to invoke the correct hearsay exception and to establish explicitly a foundation for admission. Loyola-Dominguez is simply incorrect as to the first point. If a judge admits evidence that may properly be admitted, no reversible error occurs simply because the party offering the evidence fails to advise the court of the correct basis for its admission. Loyola-Dominguez’s second argument is also incorrect. It overlooks the fact that the public records exception is one of the few hearsay exceptions that does not require a foundation. Instead, documents that fall under the public records exception “are presumed trustworthy, placing ‘the burden of establishing untrustworthiness on the opponent of the evidence.’ ” Montiel v. City of Los Angeles, 2 F.3d 335, 341 (9th Cir.1993) (quoting Keith v. Volpe, 858 F.2d 467, 481 (9th Cir.1988)). Although Montiel and Keith were both concerned with documents admitted under Rule 803(8)(C), we see no reason why the same presumption of trustworthiness does not attach to public records admitted under Rule 803(8)(B).

Because the case law clearly establishes that warrants of deportation are public records within the meaning of Rule 803(8), it was Loyola-Dominguez’s obligation to demonstrate that the evidence was untrustworthy; he failed to do so. With respect to the remaining documents from the “A” file— including the arrest warrant and the order to show cause' — the district court found that these documents were public records as well, a finding that Loyola-Dominguez did not challenge. Thus, the district court did not abuse its discretion in admitting the records.

B. Failure to Hold a Competency Hearing

Loyola-Dominguez also argues that the trial court’s failure to grant a competency hearing following his suicide attempt on the eve of trial violated his right to due process of law. We agree.

It is well established that a conviction obtained against an incompetent defendant “is a clear violation of the constitutional guarantee of due process.” Hernandez v. Ylst, 930 F.2d 714, 716 (9th Cir.1991) (citing Pate v. Robinson, 383 U.S. 375, 378, 86 S.Ct. 836, 838, 15 L.Ed.2d 815 (1966)). Competency requires that the defendant have the “capacity to understand the nature and object of the proceedings against him, to consult with counsel, and to assist in preparing his defense.” Drope v. Missouri, 420 U.S. 162, 171, 95 S.Ct. 896, 903, 43 L.Ed.2d 103 (1975). When a trial court is presented with evidence that creates a “bona fide doubt” about the defendant’s competency to stand trial, due process requires that the court hold a competency hearing. Ylst, 930 F.2d at 716. In Drope v. Missouri, the Supreme Court identified several factors that are relevant to determining whether a hearing is necessary, including “evidence of a defendant’s irrational behavior, his demeanor at trial, and any prior medical opinion on competence to stand trial.” Drope, 420 U.S. at 180, 95 S.Ct. at 907. The Court further explained that “even one of these factors standing alone may, in some circumstances, be sufficient” to create a reasonable doubt regarding the defendant’s competence. Id.

An attempted suicide is an extremely serious action. While we do not believe that[*1319] every suicide attempt inevitably creates a doubt concerning the defendant’s competency, we are persuaded that, under the circumstances of this case, such a doubt existed. Of particular significance to our decision are the timing of the attempt and the fact that the trial court did not elicit adequate information, from either defense counsel or Loyola-Dominguez, that would have dispelled the concerns that would ordinarily arise regarding competency. Loyola-Dominguez’s responses to the trial court’s four questions simply provided further cause to doubt his competency. Especially troubling is Loyola-Dominguez’s expressed desire to “get out of here,” which, in light of the government’s open-and-shut case against him, suggests that he may not have had a full grasp of the nature of the proceedings. Also of concern is his response to the question from the court, “Do you know what’s going on?” Loyola-Dominguez answered, “I don’t know. I’ve never been here like this, so I don’t know.” Indeed, none of Loyola-Dominguez’s answers demonstrates that he understood the nature and consequences of the proceedings or that he could assist properly in his own defense.

In explaining why a competency hearing was unnecessary, the trial court noted that Loyola-Dominguez had always seemed fine in the past. However, given his suicide attempt the night before trial, his performance during previous court appearances is at best inconclusive, particularly in view of defense counsel’s explanation that Loyola-Dominguez’s mental state was probably the result of recent events that had occurred at the jail. Without a meaningful inquiry to determine whether the suicide attempt evidenced a severe decline in Loyola-Dominguez’s mental health, the court simply did not have enough information to conclude that a hearing regarding his competency was not warranted.

CONCLUSION

Loyola-Dominguez’s suicide attempt on the eve of trial raised significant doubts regarding his competency to stand trial. In these circumstances, due process required a hearing to ascertain whether or not he was competent. Because he was convicted without such a hearing, and thus without due process of law, his conviction cannot stand. Accordingly, we vacate it.

VACATED and REMANDED FOR FURTHER PROCEEDINGS.

1

. 18 U.S.C. § 4241 provides in relevant part:

(a) Motion to determine competency of defendant.
At any time after the commencement of a prosecution for an offense and prior to the sentencing of the defendant, the defendant or the attorney for the Government may file a motion for a hearing to determine the mental competency of the defendant. The court shall grant the motion, or shall order such a hearing on its own motion, if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense.
2

. Among the documents introduced by the government were a prior warrant for Loyola-Dominguez’s arrest, a prior deportation order, and a prior warrant of deportation.