United States v. Michael Giventer

Case: 12-20111 Document: 00511804452 Page: 1 Date Filed: 03/28/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 28, 2012
No. 12-20111
USDC No. 4:10-CR-763-1 Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MICHAEL GIVENTER, also known as Michael Blanc,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
Before DENNIS, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM:*
Michael Giventer appeals from the district court’s denial of his motion to
revoke the magistrate judge’s order of detention pending his trial on criminal
charges related to bankruptcy proceedings. See 18 U.S.C. §§ 3142, 3145. Under
Rule 9(a)(1) of the Federal Rules of Appellate Procedure, a “district court must
state in writing, or orally on the record, the reasons for an order regarding the
release or detention of a defendant in a criminal case.” To date, the district court
has not given its reasons for denying Giventer’s motion. Accordingly, IT IS
ORDERED that this matter is REMANDED to the district court for the limited
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-20111 Document: 00511804452 Page: 2 Date Filed: 03/28/2012
No. 12-20111
purpose of obtaining written reasons for the denial of Giventer’s motion to
revoke the order of detention.
2