United States v. Gillenwater, II, No. 12-30379 (9th Cir. 2014)
Annotate this CaseDefendant was charged with two counts of transmitting threatening interstate communications and one count of transmitting threatening communications by United States mail. The district court determined that defendant was not competent to stand trial and authorized the government to medicate him involuntarily to render him competent to face the charges against him. The court could not conclude that the district court clearly erred in determining that involuntary medication was in defendant's best medical interest when the potential harms and benefits of the treatment were viewed against the seriousness of his condition. Accordingly, the court affirmed the district court's involuntary medication order and dismissed as moot defendant's appeal of the district court's involuntary medication order.
Court Description: Criminal Law. The panel affirmed the district court’s September 24, 2013, involuntary medication order (13-30284) and dismissed as moot the defendant’s appeal of the district court’s November 19, 2012, involuntary medication order (12- 30379), in a case in which the district court authorized the government to medicate a defendant involuntarily to render him competent to face charges of two counts of transmitting threatening interstate communications and one count of transmitting threatening communications by United States mail. While recognizing the important interests at stake for both the government and the defendant, and after entertaining the defendant’s contentions that the government did not meet its burden on the factors set forth in Sell v. United States, 539 U.S. 166 (2003), the panel concluded that the district court did not err in authorizing the defendant’s involuntary medication.
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