United States v. Evans

199 F. App'x 290

Opinion

PER CURIAM:

Herbert G. Evans, Jr., appeals the district court’s order granting the Government’s motion to involuntary medicate Evans. We remanded this case to the district court for the purpose of reevaluating two of the factors announced in Sell v. United States, 539 U.S. 166, 123 S.Ct. 2174, 156 L.Ed.2d 197 (2003) necessary for administering involuntary medication to render a defendant competent to stand trial. See United States v. Evans, 404 F.3d 227, 235 (4th Cir.2005). On remand, the district court reviewed reports and scientific documents and heard testimony. The court found by clear and convincing evidence that forcibly medicating Evans would significantly further the Government’s interest and was medically appropriate in light of Evans’s condition. We affirm.

This court reviews the district court’s decision as to the two factors for clear error. See Evans, 404 F.3d at 240; see also United States v. Gomes, 387 F.3d 157, 159 (2d Cir.2004), cert. denied, 543 U.S. 1128, 125 S.Ct. 1094, 160 L.Ed.2d 1081 (2005). We find no clear error.

Accordingly, we affirm the district court’s order. * We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED

* We will not review the court's finding that medicating Evans was in the Government’s interests.