U.S. v. Truax

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Albert TRUAX…

Court: United States Court of Appeals, Ninth Circuit

Date published: May 15, 2009

325 F. App'x 591 (9th Cir. 2009)

Opinion

No. 08-10540.

Submitted April 16, 2009.^_

_ The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed May 15, 2009.

Heather Nelson, Esquire, Assistant U.S., USPX — Office of the U.S. Attorney, Phoenix, AZ, for Plaintiff-Appellee.

Craig S. Orent, Assistant Federal Public Defender, FPDAZ — Federal Public Defender's Office, Phoenix, AZ, for Defendant-Appellant.

Appeal from the United States District Court for the District of Arizona, David G. Campbell, District Judge, Presiding. D.C. No. 3:07-CR-01132-DGC-1.

Before: REINHARDT, ARCHER^__ and McKEOWN, Circuit Judges.

__ The Honorable Glenn L. Archer, Jr., Senior United States Circuit Judge for the Federal Circuit, sitting by designation.

MEMORANDUM^___

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

Albert Truax appeals from the district court's order recommitting him to a federal medical center for no more than 45 days for the completion of a dangerousness assessment pursuant to 18 U.S.C. § 4246(a). The district court previously determined under 18 U.S.C. § 4241(d) that Truax was incompetent to stand trial on federal criminal charges. We recently decided questions indistinguishable from those presented in this appeal. See United States v. Godinez-Ortiz, Nos. 08-50337, 08-73791, slip op. (9th Cir. Apr. 29, 2009). We have jurisdiction under the collateral order doctrine, and we affirm the district court order and deny the petition for writ of mandamus. See id. AFFIRMED AND DENIED.