United States Ninth Circuit

In an illegal reentry prosecution, the district court's order authorizing the government to administer antipsychotic medication forcibly is reversed where: 1) the district court erred in finding that the Sell factors were met without affording the question the "thorough consideration and justification" and "especially careful scrutiny" required; 2) the district court clearly erred in finding that the government proved by clear and convincing evidence that the proposed regime of involuntary medication is substantially likely to restore defendant to competency, as required under the second Sell factor; and 3) the district court clearly erred in finding that the government proved by clear and convincing evidence that the proposed treatment was medically appropriate, as required under the fourth Sell factor.

Appellate Information

• Decided 09/24/2010
• Published 09/24/2010

Judges

• Stephen Reinhardt

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Deirdre M. Mokos, G. Micah Schmidt