United States v. Torres

                 IN THE UNITED STATES COURT OF APPEALS
                         FOR THE FIFTH CIRCUIT



                             No. 98-50677
                           Summary Calendar



UNITED STATES OF AMERICA,

                                           Plaintiff-Appellee,

versus

CARLOS TORRES,

                                           Defendant-Appellant.

                        - - - - - - - - - -
          Appeal from the United States District Court
                for the Western District of Texas
                       USDC No. SA-98-CR-60
                        - - - - - - - - - -
                          October 19, 1998

Before DAVIS, DUHE’ and PARKER, Circuit Judges.

PER CURIAM:*

     Carlos Torres appeals from the district court’s order

denying his motion to revoke the magistrate judge’s pretrial

detention order.    Torres’s indictment on drug charges gives rise

to a presumption that no conditions of release exist that would

reasonably assure that he would appear at trial.     See 18 U.S.C.

§ 3142(e); United States v. Trosper, 809 F.2d 1107, 1110 (5th

Cir. 1997).    Because Torres has not produced evidence necessary

to overcome the statutory presumption that he is a flight risk,

the district court’s order is AFFIRMED.

     *
        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that this opinion should not be published and is not precedent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.