context: The Fourth Circuit concluded: "[I]n light of Duncan and its progeny, it is appropriate to focus on the maximum penalty authorized by statute in determining if a crime is 'serious' for involuntary medication purposes. Such an approach respects legislative judgments regarding the severity of the crime . . . while at the same time giving courts an objective standard to apply . . . ." (Citations omitted.)
citation_a.signal: cf.
citation_a.parenthetical: "the seriousness of the crime and [the defendant's] perceived dangerousness to society are evident from the substantial sentence [that the defendant] faces if convicted"
citation_a.sentence: Id.; see also United States v. Green, supra, 532 F.3d 549 (“the maximum statutory penalty is the most objective means of determining the seriousness of a crime and the standard we adopt”); cf. United States v. Gomes, supra, 387 F.3d 160 (“the seriousness of the crime and [the defendant’s] perceived dangerousness to society are evident from the substantial sentence [that the defendant] faces if convicted”); but cf. United States v. Hernandez-Vasquez, supra, 513 F.3d 919 (“Although the sentencing guidelines no longer are mandatory, they are the best available predictor of the length of a defendant’s incarceration.
citation_b.signal: see also
citation_b.parenthetical: "the maximum statutory penalty is the most objective means of determining the seriousness of a crime and the standard we adopt"
citation_b.sentence: Id.; see also United States v. Green, supra, 532 F.3d 549 (“the maximum statutory penalty is the most objective means of determining the seriousness of a crime and the standard we adopt”); cf. United States v. Gomes, supra, 387 F.3d 160 (“the seriousness of the crime and [the defendant’s] perceived dangerousness to society are evident from the substantial sentence [that the defendant] faces if convicted”); but cf. United States v. Hernandez-Vasquez, supra, 513 F.3d 919 (“Although the sentencing guidelines no longer are mandatory, they are the best available predictor of the length of a defendant’s incarceration.