United States v. Russell Erxleben

Case: 13-50962 Document: 00512483687 Page: 1 Date Filed: 12/30/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 13-50962 December 30, 2013
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RUSSELL ALLEN ERXLEBEN,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:13-CR-29-1
Before WIENER, OWEN, and HAYNES, Circuit Judges.
PER CURIAM: *
Russell Allen Erxleben is charged with wire fraud, engaging in a
monetary transaction in criminally derived property valued at more than
$10,000, and securities fraud. See 18 U.S.C. §§ 1343, 1957; 15 U.S.C. §§ 78j(b),
78ff; 17 C.F.R. § 240.10b-5. He appeals an order of detention.
The evidence as a whole supports the determination that there is a
serious risk that Erxleben will obstruct or attempt to obstruct the due
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-50962 Document: 00512483687 Page: 2 Date Filed: 12/30/2013
No. 13-50962
administration of justice by interfering with witnesses and that there are no
conditions of release that would reasonably assure the district court that he
would not do so if released pending trial. See 18 U.S.C. §§ 1503, 3142; United
States v. Rueben, 974 F.2d 580, 586 (5th Cir. 1992).
AFFIRMED.
2