U.S. v. Godinez-Ortiz, No. 08-50337 (4-29-09). The 9th (Trott, Kleinfeld, Fisher) uphold the court's authority to send a defendant found incompetent, and nonrestorable, back to FCI-Butner for a dangerousness evaluation under 4246. The 9th did grant the interlocutory appeal of the order, finding that it evades review, and the issue presented will be resolved. On relief, though, the 9th focuses on the court's authority for such a dangerousness evaluation, and that the authority permits a custodial evaluation out of district despite the fact that charges will be dismissed.