USA v. Daniel Kabinto, No. 10-10214 (9th Cir. 2011)

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FILED FEB 22 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 10-10214 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

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