USA v. David Vogel, No. 09-40679 (5th Cir. 2009)

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-40679 Summary Calendar August 18, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DAVID ALLAN VOGEL, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:08-CR-224-1 Before JOLLY, WIENER, and ELROD, Circuit Judges. PER CURIAM:* Defendant-Appellant David Allan Vogel appeals from the district court s order revoking his pretrial release and ordering his detention pending trial pursuant to 18 U.S.C. § 3148(b). After reviewing the record, we have determined that the district court s order revoking pretrial release is supported by the proceedings below and the factual basis of the decision is not clearly erroneous. See United States v. Aron, 904 F.2d 221, 223 (5th Cir.1990). We therefore affirm the order of detention pending trial and revoking pretrial release. * Vogel s 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. No. 09-40679 motion for release pending appeal pursuant to Federal Rule of Appellate Procedure 9(a)(3) is DENIED. AFFIRMED. 2

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