United States v. Abisai Rivera-Guerrero

This appeal involves questions relating to the involuntary medication of a defendant awaiting trial in federal court. After being arrested and charged with illegal entry, defendant Abisai Rivera-Guerrero was found incompetent to stand trial. Following his commitment to the Federal Medical Center (“FMC”) pursuant to an order dated November 4, 2003, the FMC doctors requested that the district court issue another order permitting him to be involuntarily medicated with anti-psychotic drugs for the purpose of restoring his competency so that he could stand trial. The court ordered that a hearing be held. When the hearing began, the magistrate judge decided that it would be held pursuant to Sell v. United States, 539 U.S. 166 , 123 S.Ct. 2174 , 156 L.Ed.2d 197 (2003) rather than Washington v. Harper, 494 U.S. 210 , 110 S.Ct. 1028 , 108 L.Ed.2d 178 (1990). After the government’s witnesses, two FMC doctors, testified, defendant’s counsel requested a continuance so that she could prepare her rebuttal. The district court denied the request and issued an order permitting involuntary medication. On October 4, 2004, the order was ultimately reaffirmed by the district court upon remand.

We now…