USA v. Richard Plato, No. 11-20407 (5th Cir. 2011)

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Case: 11-20407 Document: 00511534040 Page: 1 Date Filed: 07/08/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-20407 Summary Calendar July 8, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. RICHARD M. PLATO, Defendant - Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:11-CR-263-1 Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges. PER CURIAM:* Richard M. Plato appeals the district court s affirmance of the magistrate judge s order of pretrial detention. Absent an error of law, we will uphold a district court s pretrial detention order if it is supported by the proceedings in that court, a deferential standard of review that equates to an abuse of discretion standard. United States v. Rueben, 974 F.2d 580, 586 (5th Cir. 1992). Plato has not shown that the district court made an error of law. The district court s determination that the Government had shown by a * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-20407 Document: 00511534040 Page: 2 Date Filed: 07/08/2011 No. 11-20407 preponderance of the evidence that no condition or combination of conditions could reasonably assure Plato s presence at trial is supported by the record. See 18 U.S.C. § 3142; United States v. Westbrook, 780 F.2d 1185, 1189-90 (5th Cir. 1986). Accordingly, the pretrial detention order is AFFIRMED. 2

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