United States Tenth Circuit

In a prosecution for reentering the U.S. after being previously deported following a conviction for an aggravated felony, grant of government's motion to allow for involuntary medication so as to render him competent to stand trial is reversed where: 1) record did not contain evidence from which a conclusion of a substantial likelihood of restoring competency was unavoidable, and the district court provided no explanation as to whether or why it had become clearly convinced that defendant could be rendered competent through medication despite his exceptionally low IQ; and 2) it was unclear whether the district court applied the appropriate burden of proof.

Appellate Information

• Decided 03/15/2007
• Published 03/16/2007

Judges

• SEYMOUR, Circuit Judge., Before TACHA, Chief Judge, and SEYMOUR, and BRISCOE, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Rosanne Camuñez of Las Cruces, NM, for Defendant-Appellant., David N. Williams, Assistant United States Attorney (David C. Iglesias, United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.