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UNITED STATES of America, Plaintiff-Appellee, v. Daniel Joe KABINTO, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2011-02-22No. No. 10-10214
414 F. App'x 990

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Opinion

majority opinion

MEMORANDUM

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. 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.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.