Cruz-Martinez
United States v. Cruz-Martinez
Opinion
Opinion
Gonzalez, J.
ORDER [1] DENYING PETITION FOR FORCED MEDICATION and [2] RETURNING DEFENDANT TO FMC BUTNER.
Presently before the Court is the government’s petition to forcibly medicate Francisco Cruz-Martinez (“defendant”). For the following reasons, the Court denies the government’s motion.
BACKGROUND
Defendant was arrested on March 28, 2005 and charged with being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . According to law enforcement records, defendant has been deported to Mexico on three occasions after being found in the United States illegally. Defendant was convicted for a violation of 8 U.S.C. § 1325 in 2002 in the Southern District of California (02cr2158) and received a sentence of 18 months followed by one year of supervised release. In addition, defendant was convicted of (i) prison escape (without force) in violation of California Penal Code 4530(b) in 1997 (sentenced to 16 months imprisonment); (ii) vehicle theft in violation of California Vehicle Code 10851(a) in 1996 (sentenced to 32 months imprisonment); and (iii) assault with a deadly weapon, not a firearm, in violation of California Penal Code 245(a)(1) in 1991 (sentenced to 75 days…