USA v. Jose Morales, No. 12-50781 (5th Cir. 2012)

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Case: 12-50781 Document: 00512039784 Page: 1 Date Filed: 11/01/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-50781 Summary Calendar November 1, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE TREVINO MORALES, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 1:12-CR-210-3 Before JONES, DENNIS, and HAYNES, Circuit Judges. PER CURIAM:* Jose Trevino Morales (Trevino) is charged with conspiring to launder money, in violation of 18 U.S.C. § 1956(h). Trevino appeals from an order of the district court denying his motion to revoke the magistrate judge s pretrial detention order. The district court s decision rests upon its conclusion that Trevino has failed to establish that any condition or combination of conditions will reasonably assure Trevino s presence at future proceedings if Trevino is * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50781 Document: 00512039784 Page: 2 Date Filed: 11/01/2012 No. 12-50781 released. 18 U.S.C. § 3142. Absent an error of law, this court will uphold a district court s pretrial detention order if it is supported by the proceedings below. United States v. Rueben, 974 F.2d 580, 585 (5th Cir. 1992). The same standard of review applies to the denial of a motion to reconsider a detention order. United States v. Hare, 873 F.2d 796, 798 (5th Cir. 1989). Analysis of the factors set forth in § 3142(g) indicates that the district court s conclusions are supported by the proceedings below. See Rueben, 974 F.2d at 586. The pretrial detention order is AFFIRMED. 2

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