United States v. Jeremiah Robinson

Case: 19-20328 Document: 00515013408 Page: 1 Date Filed: 06/27/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 19-20328
FILED
June 27, 2019
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JEREMIAH LENEAL ROBINSON,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:19-CR-103-2
Before DAVIS, HAYNES, and GRAVES, Circuit Judges.
PER CURIAM: *
Jeremiah Leneal Robinson appeals the district court’s denial of his
motion to reconsider its detention order pending sentencing following his guilty
plea to possessing a firearm after having been convicted of a misdemeanor
crime of domestic violence. Robinson was ordered detained after the district
court found that he was a danger to the community.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 19-20328 Document: 00515013408 Page: 2 Date Filed: 06/27/2019
No. 19-20328
Unless there is clear and convincing evidence that Robinson presents no
risk of danger to any person or to the community, presentence detention is
mandated. See 18 U.S.C. § 3143(a). We review the district court’s ruling for
an abuse of discretion. See United States v. Olis, 450 F.3d 583, 585 (5th Cir.
2006). Robinson fails to show by clear and convincing evidence that he is not
a danger to the community. Moreover, the evidence strongly supports the
finding that he presents a risk of danger. Evidence established that Robinson
pleaded guilty to a firearms offense, had been convicted of misdemeanor
domestic violence, and sold illegal drugs and firearms while on probation in
the months preceding his arrest. Accordingly, the district court did not abuse
its discretion by denying release on bail pending sentencing.
AFFIRMED.
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