Steward

MEMORANDUM **

Terry Lee Steward (“Steward”) appeals from the district court’s pre-trial order to involuntarily medicate him in order to render him competent to stand trial. Steward is charged with threatening to assault and threatening to murder two United States judges with the intent to impede, intimidate, interfere with, and retaliate against them while they were engaged in, and on account of, the performance of their official duties. 18 U.S.C. § 115 (a). The district court’s order was appealable as a collateral order, and we have jurisdiction pursuant to 28 U.S.C. § 1291 . Sell v. United States, 539 U.S. 166, 176-77 , 123 S.Ct. 2174 , 156 L.Ed.2d 197 (2003).

Steward argues that the district court erred when it concluded, under the first Sell factor, that the Government’s interest in prosecution was sufficiently important to permit him to be involuntarily medicated and rendered competent to stand trial. Sell, 539 U.S. at 180 , 123 S.Ct. 2174 (stating that “a court must find that important governmental interests are at stake” before issuing an order permitting the Government to involuntarily medicate a criminal defendant to render him competent to stand trial, (emphasis in the…