IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-10515
Summary Calendar
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UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
RONALD W. HUGHES, SR.
Defendant - Appellant
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Appeal from the United States District Court
for the Northern District of Texas
(3:94 CR 075 X 2)
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July 3, 1995
Before KING, JOLLY, and DEMOSS, Circuit Judges.
PER CURIAM:*
Construing the application of defendant-appellant Ronald W.
Hughes for release pending sentencing as an appeal of the district
court's order denying release, 18 U.S.C. § 3145(c); Fed.R.App.P.
9(a); Fifth Circuit Policy 14(f), the district court's order is
AFFIRMED. A district court's finding that a defendant poses a risk
*
Local Rule 47.5 provides: "The publication of opinions
that have no precedential value and merely decide particular
cases on the basis of well-settled principles of law imposes
needless expense on the public and burdens on the legal
profession." Pursuant to that Rule, the court has determined
that this opinion should not be published.
of flight is a factual finding that is reviewed for clear error.
See United States v. Cantu-Salinas, 789 F.2d 1145, 1145 & n.1 (5th
Cir. 1986) (order denying release pending trial). A factual
finding is not clearly erroneous as long as it is plausible in
light of the record of the case as a whole. United States v.
Maseratti, 1 F.3d 330, 340 (5th Cir. 1993), cert. denied, 114 S.
Ct. 1096, and cert. denied, 114 S. Ct. 1552, and cert. denied, 115
S. Ct. 282 (1994). We are not persuaded, based on the material
that Hughes has submitted with his application, that the district
court's finding that Hughes poses a flight risk is clearly
erroneous.
AFFIRMED.