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Defendant Could Not Be Forcibly Medicated, and Other Criminal Matter

By FindLaw Staff on September 27, 2010 11:08 AM

In US v. Ruiz-Gaxiola, No. 08-10378, an illegal reentry prosecution, the court reversed the district court's order authorizing the government to administer antipsychotic medication forcibly, 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.

In US v. Ramos, No. 09-50059, which involved defendant's appeal from the district court's denial of his motion to dismiss an indictment for unlawful reentry after a prior deportation in violation of 8 U.S.C. section 1326, which he collaterally attacked in his motion to dismiss, the court affirmed where, although the prior, stipulated removal proceedings denied defendant due process of law and violated the applicable regulation, he suffered no prejudice as a result.

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