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U.S. v. CRUZ

No. 13-4378.

757 F.3d 372 (2014)

UNITED STATES of America v. Abraham CRUZ, Appellant.

United States Court of Appeals, Third Circuit.

Filed: July 10, 2014.

Attorney(s) appearing for the Case

Frederick W. Ulrich, Esq. , (Argued), Office of the Federal Public Defender, Harrisburg, PA, for Appellant.

Stephen R. Cerutti, II, Esq. , (Argued), Kim D. Daniel, Esq. , Office of the United States Attorney, Harrisburg, PA, for Appellee.

BEFORE: FISHER, COWEN AND TASHIMA, Circuit Judges.

OPINION

COWEN, Circuit Judge.

We here confront an issue of first impression: whether the Government, pursuant to the Supreme Court's decision in Sell v. United States, 539 U.S. 166, 123 S.Ct. 2174, 156 L.Ed.2d 197 (2003), can have a sufficiently important interest in forcibly medicating a defendant to restore his mental competency and render him fit to proceed with sentencing. Under the facts presented in this case...

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