United States Ninth Circuit

In the context of medicating a defendant involuntarily to render him competent for trial, an order under Sell v. US, 539 U.S. 166 (2003), must provide some limitations on the specific medications that may be administered and the maximum dosages and duration of treatment. At a minimum, to pass muster under Sell, the order must identify: 1) the specific medication or range of medications that the treating physicians are permitted to use in their treatment of the defendant; 2) the maximum dosages that may be administered; and 3) the duration of time that involuntary treatment of the defendant may continue before the treating physicians must report back to the court on the defendant's mental condition and progress.

Appellate Information

• Argued 05/15/2007
• Decided 10/31/2007
• Published 10/31/2007

Judges

• FOGEL, District Judge:, Before:  RAYMOND C. FISHER and RICHARD R. CLIFTON, Circuit Judges, and JEREMY FOGEL, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert A. Garcia, San Diego, CA, counsel for the appellant.


• For Appellees:
  
• Carol C. Lam, U.S. Attorney, Bruce M. Castetter and Neville S. Hedley (argued), Assistant U.S. Attorneys, San Diego, CA, for the appellee.