Court clears way for Loughner's return to Missouri

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PHOENIX (AP) -- A federal appeals court ruled Friday that the suspect in the Tucson shooting rampage can be returned to a Missouri prison facility where he will undergo more treatment to try to make him mentally fit to stand trial.

The 9th U.S. Circuit Court of Appeals rejected a request by Jared Lee Loughner's attorneys to keep him in Tucson. They want him to stay in Arizona while they appeal a lower court's ruling that extends their mentally ill client's stay in Missouri by another four months.

The 9th Circuit scheduled oral arguments for Nov. 1.

U.S. District Judge Larry Burns extended Loughner's treatment last week.

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