United States v. Abisai Rivera-Guerrero

On February 19, 2004, a magistrate judge entered an order authorizing the involuntary administration of medication to Abisai Rivera-Guerrero (hereafter “Rivera”), for the purpose of making Rivera competent to stand trial. On March 10, 2004, the district court denied Rivera’s motion to reconsider the magistrate judge’s decision. Rivera appeals the district court’s decision, arguing that the magistrate judge lacked authority to issue the final order and that, on the merits, the order violated his constitutional rights. We do not reach the merits because we hold that the magistrate judge did lack authority to issue the final order. Accord ingly, we vacate the district court’s order and remand for further proceedings consistent with this opinion.

I. Factual and Procedural History

Rivera was arrested on September 14, 2003, for illegal reentry after deportation, in violation of 8 U.S.C. § 1326 (a). After Rivera failed to appear before the magistrate judge for his preliminary hearing, the magistrate judge granted his counsel’s request for a psychological evaluation pursuant to 18 U.S.C. § 4241 (b). On October 30, 2003, the magistrate judge held a competency hearing, at which…