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U.S. v. CHATMON

No. 12-4725.

718 F.3d 369 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Frank CHATMON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 10, 2013.

Attorney(s) appearing for the Case

ARGUED: Charles Burnham , Burnham & Gorokhov PLLC, Washington, D.C., for Appellant. Lisa Owings , Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Eugene V. Gorokhov , Ziran Zhang , Burnham & Gorokhov PLLC, Washington, D.C., for Appellant. Neil H. MacBride , United States Attorney, Sean P. Tonolli , Assistant United States Attorney, Scott B. Nussbum , Special Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.

Vacated and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge MOTZ and Judge SHEDD joined.

WILKINSON, Circuit Judge:

After his indictment for conspiracy to distribute crack cocaine and heroin, appellant Frank Chatmon was diagnosed with paranoid schizophrenia and deemed incompetent to stand trial. The government then filed a motion seeking permission to forcibly medicate Chatmon in order to restore him to competency, which the district court granted.

In doing so, the district court purported to apply the standard mandated in Sell v. United States...

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