United States v. Moreno, No. 16-30785 (5th Cir. 2017)Annotate this Case
Defendant challenged a detention order that was issued because he was caught violating the conditions of pretrial release set by a federal magistrate judge in California. The Fifth Circuit affirmed, holding that the evidence supported the detention order. In this case, defendant was on pretrial release for about a month, during which he tested positive for drugs and was arrested for drug-related crimes; he has four drug convictions, no ties to the Eastern District, and no verifiable legitimate employment; and the facts surrounding his arrest established probable cause that he committed a felony while on release, creating a rebuttable presumption that he was a danger to the community. The court also held that the district court's interpretation of Eastern District of Louisiana Local Criminal Rule 5.2 did not constitute plain error; even if the district court erred, that error was neither clear or obvious; defendant's challenge to an email sent by a law clerk was foreclosed because defendant never moved to supplement the record with the email; and defendant's claim that he had a constitutional right to an evidentiary hearing was waived for lack of adequate briefing.