FILED
NOT FOR PUBLICATION FEB 22 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-10214
Plaintiff - Appellee, D.C. No. 3:08-cr-01079-DGC
v.
MEMORANDUM *
DANIEL JOE KABINTO,
Defendant - Appellant.
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.
*
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).
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.
2 10-10214