Rivera-Morales

United States v. Rivera-Morales

Good Law
160 F. App'x 648
United States Court of Appeals for the Ninth CircuitDecember 27, 2005No. 05-50261; D.C. No. CR-04-00204-JSRCalifornia535 words

Opinion

Lead Opinion

MEMORANDUM *

Juan Raymond Rivera-Morales appeals the district court’s order that he continue to be committed at the Federal Medical Center, Butner, North Carolina (“FMC Butner”) for 30 days. We affirm. Because the parties are familiar with the factual and procedural history, we need not recount it here.

I

We have jurisdiction to entertain the merits of this appeal. The district court’s order satisfies the requirements for invoking the collateral order doctrine because it “(1) conclusively determines the disputed question, (2) resolves an important issue completely separate from the merits of the action, and (3) is effectively unreviewable on appeal from a final judgment.” Sell v. United States, 539 U.S. 166, 176 , 123 S.Ct. 2174 , 156 L.Ed.2d 197 (2003) (quoting Coopers & Lybrand v. Livesay, 437 U.S. 463, 468 , 98 S.Ct. 2454 , 57 L.Ed.2d 351 (1978)) (internal quotation marks and indication of alterations omitted). The order in question conclusively determines that Rivera-Morales will be confined for at least some time pending the FMC director’s decision of whether to file a dangerousness certificate; the issue of Rivera-Morales’s pretrial confinement is completely separate from…

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