Espinoza-Pareda

MEMORANDUM *

Maria Espinoza-Pareda appeals the district court’s order authorizing involuntary medication and commitment, which we vacate and remand.

First, it is unclear what findings — if any — the district court made with respect to administration of drugs on Harper grounds. See Washington v. Harper, 494 U.S. 210 , 110 S.Ct. 1028 , 108 L.Ed.2d 178 (1990). Whether the government sought permission to administer drugs on Harper-type grounds, and if not, why not, should ordinarily be determined at the outset as that determination (or what is learned in the course of it) may inform the decision-making process under Sell, or even obviate a merits determination on the question of trial competence. See Sell v. United States, 539 U.S. 166, 183 , 123 S.Ct. 2174 , 156 L.Ed.2d 197 (2003). If there is some particular reason why a Harper analysis is not possible or indicated in this case, it would be helpful to know it. Otherwise, whether forced medication can be authorized on these alternative grounds should be considered and clear findings made as Sell suggests. Id.

Second, we have difficulty with the district court’s findings — and hence, its conclusion — under the first prong of Sell .…