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United States v. Doe

Citation: 331 F. App'x 515Docket: No. 09-10148

Court: Court of Appeals for the Ninth Circuit; August 13, 2009; Federal Appellate Court

Narrative Opinion Summary

John Doe appeals the district court's order to recommit him to a federal medical center for up to 45 days for a dangerousness evaluation under 18 U.S.C. § 4246(a). The court had previously found Doe incompetent to stand trial under 18 U.S.C. § 4241(d) and determined that he could not be restored to competency. Doe's claims are barred by the precedent set in United States v. Godinez-Ortiz, 563 F.3d 1022 (9th Cir. 2009). The appellate court asserts jurisdiction through the collateral order doctrine and affirms the district court's order. The ruling is not suitable for publication and does not serve as precedent except as outlined by 9th Cir. R. 36-3.

Legal Issues Addressed

Appellate Jurisdiction through Collateral Order Doctrine

Application: The appellate court asserted jurisdiction over the appeal through the collateral order doctrine.

Reasoning: The appellate court asserts jurisdiction through the collateral order doctrine and affirms the district court's order.

Incompetency to Stand Trial under 18 U.S.C. § 4241(d)

Application: The court found John Doe incompetent to stand trial and determined he could not be restored to competency.

Reasoning: The court had previously found Doe incompetent to stand trial under 18 U.S.C. § 4241(d) and determined that he could not be restored to competency.

Non-precedential Ruling under 9th Cir. R. 36-3

Application: The ruling is not suitable for publication and does not serve as precedent except as outlined by 9th Cir. R. 36-3.

Reasoning: The ruling is not suitable for publication and does not serve as precedent except as outlined by 9th Cir. R. 36-3.

Precedent Bar under United States v. Godinez-Ortiz

Application: John Doe's claims were barred by the precedent set in the case United States v. Godinez-Ortiz.

Reasoning: Doe's claims are barred by the precedent set in United States v. Godinez-Ortiz, 563 F.3d 1022 (9th Cir. 2009).

Recommitment for Dangerousness Evaluation under 18 U.S.C. § 4246(a)

Application: The district court's order to recommit John Doe to a federal medical center for up to 45 days for a dangerousness evaluation was affirmed.

Reasoning: John Doe appeals the district court's order to recommit him to a federal medical center for up to 45 days for a dangerousness evaluation under 18 U.S.C. § 4246(a).