United States v. Taylor , 235 F. App'x 999 ( 2007 )

United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 28, 2007
Charles R. Fulbruge III
Clerk
No. 07-50935
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee,
versus
MELVIN LEROY TAYLOR
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
(5:07-CR-312-ALL)
Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Having been indicted for possession with intent to distribute
100 grams of more of a substance containing a detectable amount of
heroin, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B)(i),
Melvin Leroy Taylor challenges his pretrial detention. The order
is reviewed for abuse of discretion, upholding it “if it is
supported by the proceedings below”. United States v. Hare, 873
F.2d 796, 798 (5th Cir. 1989) (internal quotation marks omitted).
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
The district court held Taylor failed to rebut 18 U.S.C. §
3142(e)’s presumption, the applicability of which Taylor does not
contest, that “no condition or combination of conditions w[ould]
reasonably assure ... the safety of ... the community” if he were
released from detention pending trial. Because the district
court’s conclusion is supported by the record, there was no abuse
of discretion. See Hare, 873 F.2d at 798-99.
AFFIRMED
2