United States v. Abraham Cruz

OPINION

COWEN, Circuit Judge.

We here confront an issue of first impression: whether the Government, pursuant to the Supreme Court’s decision in Sell v. United States, 539 U.S. 166, 123 S.Ct. 2174, 156 L.Ed.2d 197 (2003), can have a sufficiently important interest in forcibly medicating a defendant to restore his mental competency and render him fit to proceed with sentencing. Under the facts presented in this case, we answer that question in the affirmative and we will affirm.

I

A

Cruz was arrested in August of 2011 and indicted on one count of assaulting, resisting, or impeding Social Security…