UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-30482
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHANEY L. PHILLIPS,
Defendant-Appellant.
Appeal from the United States District Court
for the Middle District of Louisiana
(97-CR-68-B)
June 24, 1998
Before POLITZ, Chief Judge, DUHÉ and BARKSDALE, Circuit Judges.
PER CURIAM:*
Chaney L. Phillips appeals the district court’s order detaining him pending
sentencing. For the reasons assigned, we affirm.
BACKGROUND
*
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 R. 47.5, the Court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
While serving as Sheriff of St. Helena Parish, Phillips was indicted by a
federal grand jury on multiple counts of fraudulent activity. On April 21, 1998 the
jury returned a guilty verdict on all counts of the indictment. Thereafter, the
government moved to detain Phillips pending sentencing. The district court
promptly conducted a hearing and found that Phillips failed to produce clear and
convincing evidence that he would not pose a danger to the safety of other persons
or the community and therefore ordered that Phillips be detained pending
sentencing.
On May 8, 1998 Phillips filed a Motion for Reconsideration of Detention
Order contending that the government had not given prior notice that it intended
to move for detention. As a result, Phillips contended that he did not have an
adequate opportunity to present the requisite evidence to avoid detention. After a
two day hearing on the matter, the trial court again ordered that Phillips be detained
pending sentencing. Phillips has appealed and the government has moved to strike
a small portion of his brief on the grounds that it refers to matters that are not part
of the record.
ANALYSIS
A defendant who has been convicted “shall” be detained pending sentencing
“unless the judicial officer finds by clear and convincing evidence that the person
2
is not likely to flee or pose a danger to the safety of any other person or the
community if released.”1 Appellate review of the judicial officer’s determinations
in these matters is limited, and the detention order will be sustained if the order is
supported by the proceedings in the district court.2 The district court’s order will
not be overtured unless it is clearly erroneous.3
In his order and reasons, the district judge noted that he could not recall
another pre-sentencing detention hearing where he expended as much time, or
heard as much evidence, as in this matter. It is abundantly clear that the district
judge carefully considered the evidence presented and did not commit error in his
findings. The demanding standard imposed upon Phillips by the statute has not
been met; he has not satisfied the burden of proof required to support his release
from detention following conviction.4
Today’s ruling moots the government’s motion and it is accordingly
DENIED. The district court’s denial of Phillips’ motion for release pending
sentencing is AFFIRMED.
1
18 U.S.C. §3143(a).
2
United States v. Cantu-Salinas, 789 F.2d 1145 (5th Cir 1986).
3
Id.
4
18 U.S.C. §3143(a).
3
Appellant’s motion for bail pending trial is hereby DENIED as moot.
4