Judge Won't Delay Loughner's Return to Missouri

PHOENIX – A judge has denied an emergency motion by the Tucson shooting rampage suspect's attorneys to keep him from being sent back to a Missouri prison facility.

U.S. District Judge Larry Burns ruled Monday denying the request by Jared Lee Loughner's attorneys to delay his return to Missouri as an appeals court considers another request.

Defense lawyers want the 9th U.S. Circuit Court of Appeals to reverse Burns' ruling last week extending Loughner's commitment by another four months for more treatment to make him mentally fit to stand trial.

The 23-year-old Loughner was still being held in Tucson on Monday morning.

Loughner has pleaded not guilty to 49 charges stemming from the Jan. 8 shooting that killed six and injured 13, including Rep. Gabrielle Giffords.