USA v. Russell Erxleben, No. 13-50484 (5th Cir. 2013)

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Case: 13-50484 Document: 00512306394 Page: 1 Date Filed: 07/12/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED July 12, 2013 No. 13-50484 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RUSSELL ALLEN ERXLEBEN, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 1:13-CR-29-1 Before JOLLY, SMITH, and CLEMENT, Circuit Judges. PER CURIAM:* A magistrate judge ordered Russell Allen Erxleben detained pending trial for wire fraud, engaging in a monetary transaction in criminally derived property, and securities fraud. See 18 U.S.C. § 3142(c). A person ordered detained by a magistrate judge is to seek review in the district court by filing a motion for revocation or amendment of the order. 18 U.S.C. § 3145(b); see United States v. Gage, 990 F.2d 625 at *1 (5th Cir. 1993) (unpublished); 5TH * Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 13-50484 Document: 00512306394 Page: 2 Date Filed: 07/12/2013 No. 13-50484 CIR. R. 47.5.3. Instead of seeking such review, Erxleben moves in this court for revocation of the magistrate judge s order. We, however, lack jurisdiction to grant the requested relief. See Gage, 990 F.2d at 625. Erxleben s appeal is DISMISSED. 2 Consequently,

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