Testo completo
This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DANIEL JOE KABINTO,
Defendant - Appellant.
No. 10-10214
D.C. No. 3:08-cr-01079-DGC
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
David G. Campbell, District Judge, Presiding
Submitted February 15, 2011**
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Daniel Joe Kabinto appeals from the district court’s order recommitting him
pursuant to 18 U.S.C. § 4246. We have jurisdiction under the collateral order
doctrine, see United States v. Godinez-Ortiz, 563 F.3d 1022, 1026-29 (9th
Cir. 2009), and we affirm.
FILED
FEB 22 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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10-10214 2
Kabinto contends that the district court does not have authority pursuant to
18 U.S.C. § 4246 to recommit him to an institution for a dangerousness
assessment. As he concedes, however, this contention is foreclosed by
Godinez-Ortiz, 563 F.3d at 1029-32.
AFFIRMED.
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