United States v. Meera Sachdeva ( 2011 )


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  •      Case: 11-60639     Document: 00511644721         Page: 1     Date Filed: 10/25/2011
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    October 25, 2011
    No. 11-60639
    Summary Calendar                        Lyle W. Cayce
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    MEERA SACHDEVA,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Southern District of Mississippi
    USDC No. 3:11-CR-65-1
    Before BENAVIDES, STEWART, and CLEMENT, Circuit Judges.
    PER CURIAM:*
    Meera Sachdeva appeals the district court’s order affirming the magistrate
    judge’s pretrial detention order. The district court determined that no condition
    or combination of conditions would reasonably assure Sachdeva’s presence at
    trial.
    A judicial officer may order a defendant detained pending trial if the
    officer finds, by a preponderance of the evidence, that “no condition or
    combination of conditions will reasonably assure the appearance of the person.”
    *
    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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-60639    Document: 00511644721      Page: 2   Date Filed: 10/25/2011
    No. 11-60639
    18 U.S.C. § 3142(e), (f); see United States v. Fortna, 
    769 F.2d 243
    , 250 (5th Cir.
    1985). Absent an error of law, we will uphold a district court’s pretrial detention
    order if it is supported by the proceedings in that court, a deferential standard
    of review that equates to an abuse of discretion standard. United States v.
    Rueben, 
    974 F.2d 580
    , 586 (5th Cir. 1992).
    The district court’s determination that the Government had shown by a
    preponderance of the evidence that no condition or combination of conditions
    could reasonably assure Sachdeva’s presence at trial is supported by the record.
    See § 3142; United States v. Westbrook, 
    780 F.2d 1185
    , 1189-90 (5th Cir. 1986).
    Accordingly, the pretrial detention order is AFFIRMED.
    2
    

Document Info

Docket Number: 11-60639

Judges: Benavides, Stewart, Clement

Filed Date: 10/25/2011

Precedential Status: Non-Precedential

Modified Date: 11/5/2024