United States v. Apolinar ( 1998 )

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 98-10263
Summary Calendar
_____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ISMAEL APOLINAR, also known as The Engineer,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Northern District of Texas
(3:97-CR-408-19-P)
_________________________________________________________________
April 21, 1998
Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Ismael Apolinar appeals the district court’s order both
detaining him without bail and overruling the magistrate judge’s
order setting bail at $100,000 cash bond. Apolinar contends that
the Government failed to prove that he is a flight risk and that,
because the detention hearing was untimely under 18 U.S.C. §
3142(f), the Government could not seek detention without bail.
The record supports the district court’s determinations that
the Government proved by a preponderance of the evidence that
*
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that this opinion should not be published and is not precedent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.
Apolinar has strong ties to Mexico and is a flight risk; and that
there is no condition, or combination of conditions, which would
reasonably assure Apolinar’s appearance at trial. See 18 U.S.C. §
3142(e); United States v. Rueben, 974 F.2d 580, 585-86 (5th Cir.
1992), cert. denied, 507 U.S. 940 (1993). Apolinar’s contention
that the Government waived the right to request detention without
bail due to the untimeliness of the detention hearing is without
merit. See United States v. Montalvo-Murillo, 495 U.S. 711, 716-21
(1990).
AFFIRMED
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