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United States v. Martin Nino
20-10397
| 9th Cir. | Sep 7, 2021
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Case Information

*1 Before: RAWLINSON and BYBEE, Circuit Judges, and CARDONE, [***] District Judge.

Defendant-Appellant Martin Nino (Nino) appeals from a November 6, 2020, interlocutory order in which the district court committed him to the custody of the *2 Attorney General for pre-trial competency restoration. We have jurisdiction under 28 U.S.C. § 1291 and the collateral order doctrine. United States v. Friedman , 366 F.3d 975, 980 (9th Cir. 2004). We review constitutional challenges to a statute and issues of statutory construction de novo. United States v. Quintero , 995 F.3d 1044, 1049 (9th Cir. 2021) (citations omitted).

While this appeal was pending, Nino filed with this Court a Federal Rule of Appellate Procedure 28(j) letter stating that this Court’s decision in Quintero , 995 F.3d at 1044 – 61, disposes of all of the issues presented in his Opening Brief. That is correct — each of the arguments raised by Nino in the instant case were raised and rejected by this Court in Quintero . See 995 F.3d at 1044 – 61. For the reasons set out in Quintero , we affirm the district court’s order committing Nino to the Attorney General ’s custody for pre-trial competency restoration. See id . AFFIRMED.

2

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

[***] The Honorable Kathleen Cardone, United States District Judge for the Western District of Texas, sitting by designation.

Case Details

Case Name: United States v. Martin Nino
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Sep 7, 2021
Docket Number: 20-10397
Court Abbreviation: 9th Cir.
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