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U.S. v. MACKEY

No. 12-2274.

717 F.3d 569 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Shawn Allan MACKEY, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 10, 2013.

Attorney(s) appearing for the Case

Gary G. Colbath, Jr. , AFPD, argued, Scott D. McGregor , on the brief, Rapid City, SD, for appellant.

Eric D. Kelderman , AUSA, argued, Rapid City, SD, for appellee.

Before LOKEN, BRIGHT, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

Shawn Mackey was indicted for failing to register as a sex offender, in violation of 18 U.S.C. § 2250(a). After the parties stipulated that Mackey was incompetent to understand the proceedings against him or to assist in his own defense, see 18 U.S.C. § 4241, the government moved to medicate Mackey involuntarily to restore his competency to stand trial. Applying the criteria set forth in Sell v. United States,

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