United States v. Fitzpatrick

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 02-20424
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
Walter Eugene FITZPATRICK,
Defendant-Appellant.
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Appeal from the United States District Court
For the Southern District of Texas
(H-02-CR-142-2)
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June 11, 2002
Before DAVIS, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
The government filed a petition for rehearing challenging
our earlier order vacating the district court’s order of
detention. Upon reconsideration, we agree with the government
that Fitzpatrick’s possession of child pornography was a “crime
of violence” within the meaning of 18 U.S.C. § 3142(f). Based on
our review of the record, we conclude that the district court did
*
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that this opinion should not be published and is not precedent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.
not err in finding that “no condition or combination of
conditions will reasonably assure the appearance of [Fitzpatrick]
as required and the safety of any other person and the
community,” and therefore, ordering that Fitzpatrick be detained
before trial. 18 U.S.C. § 3142(e). For these reasons, we DENY
Fitzpatrick’s Motion to Vacate Order of Detention Pending Trial
and affirm the district court’s order of detention. We also DENY
all other pending motions.
DENIED.
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