United States v. Jasper Williams

MEMORANDUM

Jasper Williams appeals from the district court’s order authorizing the govern ment to medicate him involuntarily for the purpose of rendering him competent to stand trial. He challenges only the district court's determination "that important governmental interests are at stake" and "that involuntary medication will significantly further those concomitant state interests." Sell v. United States, 539 U.s. 166, 180, 181, 123 S.Ct. 2174 , 156 L.Ed.2d 197 (2003) (emphasis omitted). We review the first determination de novo and the second for clear error. See United States v. Hernandez-Vasquez, 513 F.3d 908, 915-16 (9th Cir.2008).

1. "The Government's interest in bringing to trial an individual accused of a serious crime is important," Sell, 539 U.s. at 180, 123 S.Ct. 2174 , and Williams concedes that his alleged crime-forcible rape-is "serious." "[L]engthy confinement in an institution for the mentally ill" may lessen the government's interest in criminal prosecution, id., but we can only speculate whether Wffliams's current, temporary confinement will eventually be extended. A mere possibility that this will happen is insufficient to satisfy the government's concern for…