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U.S. v. BUSH

No. 08-6725.

585 F.3d 806 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Barbara Michelle BUSH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: October 29, 2009.

Attorney(s) appearing for the Case

ARGUED: Marta K. Kahn, Baltimore, Maryland, for Appellant. Bonnie S. Greenberg, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

ON BRIEF: Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, for Appellee.

Vacated and remanded for further proceedings by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHAEL and Judge JONES joined.

OPINION

NIEMEYER, Circuit Judge:

After Barbara Michelle Bush was indicted on two counts of threatening a federal judge, in violation of 18 U.S.C. § 876(c), a psychiatric evaluation, sought by both the government and Bush, concluded that Bush was not competent to stand trial but that there was a "substantial probability" that the administration of antipsychotic medication would restore her competence. Because Bush refused treatment, the government filed...

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