United States v. Vasquez

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 20, 2005 Charles R. Fulbruge III Clerk No. 05-50486 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GABRIEL VASQUEZ, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 5:04-CR-396-26 -------------------- Before DAVIS, SMITH and DENNIS, Circuit Judges. PER CURIAM 1: Gabriel Vasquez appeals from an order of the district court denying his motion to revoke the magistrate judge’s pretrial detention order. Vasquez has filed a motion contained in his brief for permission to supplement the record. This motion is DENIED as unnecessary. The district court’s decision, which effectively adopted the reasoning of the magistrate judge, rests upon its conclusion that Vasquez has not rebutted the presumption that no condition or 1 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-50486 -2- combination of conditions will reasonably assure the safety of the community and that Vasquez poses a flight risk should he be released on bond. See 18 U.S.C. § 3142(e) & (f). The district court’s conclusions are supported by the record. See United States v. Rueben, 974 F.2d 580, 586 (5th Cir. 1992). The judgment of the district court is AFFIRMED.