UNITED STATES v. NINO (2021)

MEMORANDUM ***

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 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.