United States of America v. Martin Anthony Nino

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MARTIN ANTHONY NINO,
Defendant-Appellant.
No. 20-10397
D.C. Nos.
4:16-cr-01937-JAS-BGM-1
4:16-cr-01937-JAS-BGM
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
James Alan Soto, District Judge, Presiding
Submitted September 2, 2021**
San Francisco, California
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
* 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.
FILED
SEP 7 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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.

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