U.S. v. GOMES

Docket No. 01-1143.

289 F.3d 71 (2002)

UNITED STATES of America, Appellee, v. Aaron GOMES, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 24, 2002.


Attorney(s) appearing for the Case

Jeremiah Donovan, (Todd Kennedy, Law Student, New Haven, CT, on the brief), Old Saybrook, CT, for Defendant-Appellant.

Thomas V. Dailey, Assistant United States Attorney (John A. Danaher III, United States Attorney for the District of Connecticut, New Haven, CT, on the brief), Hartford, CT, for Appellee.

Jonathan E. Nuechterlein (Paul A. Engelmayer, Trevor W. Morrison, on the brief), Wilmer, Cutler & Pickering, Washington, DC (Nathalie F.P. Gilfoyle, General Counsel, James L. McHugh, Senior Counsel, American Psychological Association, Washington, DC, on the brief), for Amicus Curiae American Psychological Association.

Richard G. Taranto, Farr & Taranto, Washington, DC, for Amicus Curiae American Psychiatric Association.

John L. Warden (Penny Shane, on the brief), Sullivan & Cromwell, New York, NY (Franklin B. Velie, Dierdre A. Burgman, Salans Hertzfeld Heilbronn, Christy & Viener, New York, NY, on the brief), (Gerald Walpin, David L. Wales, Rosenman & Colin, New York, NY, on the brief), for Amicus Curiae the Federal Bar Council.

William J. Rold, New York, NY, for Amicus Curiae the National Commission on Correctional Health Care.

Before: WALKER, Chief Judge, CABRANES and STRAUB, Circuit Judges.


JOHN M. WALKER, JR., Chief Judge.

This appeal requires us to determine the appropriate standard under which involuntary medication may be ordered to render a non-dangerous criminal defendant competent to stand trial. Defendant-appellant Aaron Gomes appeals from the February 6, 2001 order of the United States District Court for the District of Connecticut (Christopher F. Droney, District Judge) authorizing Gomes's involuntary medication with antipsychotic drugs...

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