United States v. Godinez-Ortiz

OPINION

TROTT, Circuit Judge:

Pedro Godinez-Ortiz, a defendant in a criminal case, appeals from the district court order of July 18, 2008, which returns him to the Federal Medical Facility in Butner, North Carolina, for a period not to exceed 45 days so that he could be evaluated for “dangerousness” and for a decision whether to file a dangerousness certification. Godinez-Ortiz asserts the district court lacked authority under both 18 U.S.C. § 4241 or 18 U.S.C. § 4246 to issue the order and that the order violated his due process rights under the Fifth Amendment. In the alternative,…