United States v. Rix

MEMORANDUM AND RECOMMENDATION

STEPHEN WM. SMITH, United States Magistrate Judge.

The United States seeks court authorization to medicate Cleveland Rix III against his will, in order to render him competent to stand trial. Because the Government has failed to satisfy the requirements of Sell v. United States, 539 U.S. 166, 123 S.Ct. 2174, 156 L.Ed.2d 197 (2003) by clear and convincing proof, this court recommends that the Government’s request be denied.

I. Background

Cleveland Rix III is a 48 year-old Caucasian male currently charged in a three-count indictment with unlawful possession of a…