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U.S. v. RUIZ-GAXIOLA

No. 08-10378.

623 F.3d 684 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Vicente RUIZ-GAXIOLA, aka Inocente G. Ruiz, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 24, 2010.

Attorney(s) appearing for the Case

Deirdre M. Mokos (argued), Saul M. Huerta, Jr. , Assistant Federal Public Defenders, Tucson, AZ, for the defendant-appellant.

G. Micah Schmidt (argued), Monte Cress Clausen , Assistant U.S. Attorneys, Tucson, AZ, for the plaintiff-appellee.

Before: ALEX KOZINSKI, Chief Judge, STEPHEN REINHARDT, Circuit Judge, and ROBERT J. TIMLIN, District Judge.

OPINION

REINHARDT, Circuit Judge:

The government is allowed to medicate a defendant involuntarily for the purpose of rendering him competent to stand trial only in rare circumstances. The question is whether this case presents those rare circumstances. Our answer is that it does not.

On July 26, 2006, defendant Vicente Ruiz-Gaxiola was charged with illegal reentry in violation of 8 U.S.C. § 1326. He was subsequently diagnosed with Delusional...

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