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U.S. v. HERNANDEZ-VASQUEZ

No. 06-50198.

506 F.3d 811 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Jose HERNANDEZ-VASQUEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 31, 2007.

Attorney(s) appearing for the Case

Robert A. Garcia, San Diego, CA, counsel for the appellant.

Carol C. Lam, U.S. Attorney, Bruce M. Castetter and Neville S. Hedley (argued), Assistant U.S. Attorneys, San Diego, CA, for the appellee.

Before: RAYMOND C. FISHER and RICHARD R. CLIFTON, Circuit Judges, and JEREMY FOGEL, District Judge.

FOGEL, District Judge:

Defendant-Appellant Jose Hernandez-Vasquez appeals the order of the district court permitting Appellee, the United States ("the Government"), to medicate him involuntarily to render him competent for trial. We vacate and remand.

BACKGROUND

Defendant was indicted on January 28, 2004 as a previously-deported alien found in the United States in violation of 8 U.S.C. § 1326.1 Defendant is subject...

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