United States v. Johnston

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-50100 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CHARLES CRAIG JOHNSTON, also known as Jaws, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. SA-97-CR-315-2 - - - - - - - - - - March 10, 1998 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges. PER CURIAM:* Charles Craig Johnston appeals from the district court’s order denying his motion for review of the magistrate judge’s detention order and to set conditions of release. The district court’s decision, which affirmed the magistrate judge’s detention order, rests upon the conclusion that Johnston has not rebutted the presumption that no condition or combination of conditions will reasonably assure his presence at trial. See 18 U.S.C. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 98-50100 -2- § 3142(e). This conclusion is supported by the record. See United States v. Rueben, 974 F.2d 580, 586 (5th Cir. 1992). Accordingly, the district court’s order denying Johnston’s motion for review of the detention order is AFFIRMED.