Sanchez-Hurtado

United States v. Sanchez-Hurtado

Good Law

90 F. Supp. 1049·90 F. Supp. 2d 1049·1999 WL 1568947·1999 U.S. Dist. LEXIS 21822

United States District Court, Southern District of CaliforniaNovember 17, 1999CRIM. 99CR2303-JPORCalifornia4,087 words

Opinion

ORDER RE GOVERNMENT’S MOTION TO CLARIFY ORDER COMMITTING DEFENDANT FOR TREATMENT

I. Introduction

A motion hearing came on regularly before this Court on November 4, 1999. Phillip Halpern, Assistant United States Attorney, appeared for the Government, and Shaun Khojayan appeared on behalf of Defendant Jesus Sanchez-Hurtado (“Defendant”). The Government moved the Court for clarification of its order of July 2, 1999. Specifically, the Government sought a declaration from the Court that commitment of Defendant for diagnosis and treatment of his mental defect includes implicit authority to administer psychotropic medication, even against Defendant’s will. Defendant opposed his further commitment and the involuntary medication.

II. Factual Background

Defendant is a forty-four year old male who was born in Baja, California. On or about April 23, 1999, Defendant was arrested for (1) attempted illegal reentry into the United States in violation of 8 U.S.C. § 1326 ; and (2) falsely and willfully misrepresenting his national status to an Immigration and Naturalization Services (“INS”) Inspector in violation of 18 U.S.C. § 911 . On May 6, 1999, Defendant was arraigned before Magistrate…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.