Charged offense is serious crime for competency determination purposes even when not violent or harmful to others

COMPETENCE FOR TRIAL United States v. Valenzuela-Puentes, No. 04-2283, ___ F.3d ___ (10th Cir. Mar. 15, 2007)(New Mexico). Appeal of district court order directing forced administration of antipsychotic drugs to render defendant sufficiently competent to stand trial for reentering United States after being previously deported following conviction for aggravated felony in violation of 8 U.S.C. § 1326(a)(1), (2) and 8 U.S.C. § 1326(b)(2). HELD: (1) District court did not err in deciding that government had compelling interest in prosecuting defendant on par with defendant’s interest in refusing medication. By charging defendant with reentry to United States after prior deportation for aggravated felony, Government meets first requirement of Sell v. United States, 539 U.S. 166 (2003), that it demonstrate important interest before court will order forcible medication to render defendant competent to stand trial because charged crime is serious crime. Seriousness of offense is not measured by number of victims or violent nature of crime, but instead by length of potential sentence. (2) In light of contradictory expert opinion on effect antipsychotic drugs would have on defendant, record did not contain clear and convincing evidence sufficient for district court to conclude to substantial likelihood that forced administration of antipsychotic drugs would render defendant competent to assist in his own defense. Read the opinion here.