United States v. Eric Griffin

MEMORANDUM

Defendanb-Appellant Eric Griffin appeals the district court’s order of involuntary medication to restore Griffin to competency to stand trial. We have jurisdiction under the collateral-order exception. Sell v. United States, 539 U.S. 166, 176-77 , 123 S.Ct. 2174 , 156 L.Ed.2d 197 (2003). The parties are familiar with the facts underlying the appeal and thus we do not include them here.

The government must prove the four Sell factors by clear and convincing evidence. United States v. Ruiz-Gaxiola, 623 F.3d 684, 692 (9th Cir.2010). The district court did not err in finding that the government met its burden. First, the district court did not clearly err in finding the government has an important interest at stake in prosecuting Griffin for an admittedly serious crime with the possibility of a substantial prison sentence. Second and third, the district court did not clearly err in finding involuntary medication is necessary to and will substantially advance that government interest; Griffin has refused medication, other treatments have either been refused or failed, and two doctors testified that medication is likely to return Griffin to competency and that he is very…