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U.S. v. GUTIERREZ

No. 12-50028.

704 F.3d 442 (2013)

UNITED STATES of America, Plaintiff-Appellee v. Jesse Joe GUTIERREZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 11, 2013.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, John Michael Pellettieri , U.S. Department of Justice, Washington, DC, for Plaintiff-Appellee.

Philip J. Lynch , Assistant Federal Public Defender, Donna F. Coltharp , Assistant Federal Public Defender, Federal Public Defender's Office, San Antonio, TX, for Defendant-Appellant.

Before JOLLY, JONES, and GRAVES, Circuit Judges.

JAMES E. GRAVES, JR., Circuit Judge:

Defendant-Appellant Jesse Joe Gutierrez ("Gutierrez") appeals an order of the district court directing the Bureau of Prisons ("BOP") to involuntarily administer psychiatric medicine to him for the purpose of restoring his competency to stand trial. For the following reasons, we AFFIRM the order of the district court.

BACKGROUND

I. Offense and Initial Commitment

In November and December of 2008, Gutierrez...

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