United States v. Jose Morales ( 2012 )

Case: 12-50781 Document: 00512039784 Page: 1 Date Filed: 11/01/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
November 1, 2012
No. 12-50781
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE TREVINO MORALES,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:12-CR-210-3
Before JONES, DENNIS, and HAYNES, Circuit Judges.
PER CURIAM:*
Jose Trevino Morales (Trevino) is charged with conspiring to launder
money, in violation of 18 U.S.C. § 1956(h). Trevino appeals from an order of the
district court denying his motion to revoke the magistrate judge’s pretrial
detention order.
The district court’s decision rests upon its conclusion that Trevino has
failed to establish that any condition or combination of conditions will
reasonably assure Trevino’s presence at future proceedings if Trevino is
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Case: 12-50781 Document: 00512039784 Page: 2 Date Filed: 11/01/2012
No. 12-50781
released. 18 U.S.C. § 3142. Absent an error of law, this court will uphold a
district court’s pretrial detention order if it is supported by the proceedings
below. United States v. Rueben, 974 F.2d 580, 585 (5th Cir. 1992). The same
standard of review applies to the denial of a motion to reconsider a detention
order. United States v. Hare, 873 F.2d 796, 798 (5th Cir. 1989).
Analysis of the factors set forth in § 3142(g) indicates that the district
court’s conclusions are supported by the proceedings below. See Rueben, 974
F.2d at 586. The pretrial detention order is AFFIRMED.
2