United States v. David Vogel ( 2009 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 18, 2009
No. 09-40679
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DAVID ALLAN VOGEL,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:08-CR-224-1
Before JOLLY, WIENER, and ELROD, Circuit Judges.
PER CURIAM:*
Defendant-Appellant David Allan Vogel appeals from the district court’s
order revoking his pretrial release and ordering his detention pending trial
pursuant to 18 U.S.C. § 3148(b). After reviewing the record, we have determined
that the district court’s order revoking pretrial release is supported by the
proceedings below and the factual basis of the decision is not clearly erroneous.
See United States v. Aron, 904 F.2d 221, 223 (5th Cir.1990). We therefore affirm
the order of detention pending trial and revoking pretrial release. Vogel’s
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
No. 09-40679
motion for release pending appeal pursuant to Federal Rule of Appellate
Procedure 9(a)(3) is DENIED.
AFFIRMED.
2