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U.S. v. GODINEZ-ORTIZ

Nos. 08-50337, 08-73791.

563 F.3d 1022 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro GODINEZ-ORTIZ, Defendant-Appellant. In re Pedro Godinez-Ortiz, Pedro Godinez-Ortiz, Petitioner, v. United States District Court for the Southern District of California (San Diego), Respondent, United States of America, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Filed April 29, 2009.

Attorney(s) appearing for the Case

Shereen J. Charlick and Vincent J. Brunkow, Federal Public Defenders, San Diego, CA, for the defendant-appellant.

Karen P. Hewitt, U.S. Atty., and William A. Hall, Jr., Asst. U.S. Atty., San Diego, CA, for the plaintiff-appellee.

Before STEPHEN S. TROTT, ANDREW J. KLEINFELD and RAYMOND C. FISHER, Circuit Judges.

OPINION

TROTT, Circuit Judge:

Pedro Godinez-Ortiz, a defendant in a criminal case, appeals from the district court order of July 18, 2008, which returns him to the Federal Medical Facility in Butner, North Carolina, for a period not to exceed 45 days so that he could be evaluated for "dangerousness" and for a decision whether to file a dangerousness certification. Godinez-Ortiz asserts the district court lacked authority under both 18 U.S.C. § 4241...

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