United States v. Lankford

Court: Court of Appeals for the Fifth Circuit
Date filed: 1996-02-08
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                IN THE UNITED STATES COURT OF APPEALS

                         FOR THE FIFTH CIRCUIT

                              ______________

                               No. 95-50918
                             Summary Calendar
                              ______________


UNITED STATES OF AMERICA,                            Plaintiff-Appellee,

                                    versus

KELVIN ONEAL LANKFORD,
a/k/a Kevin,                                         Defendant-Appellant.

_________________________________________________________________

           Appeal from the United States District Court
                 for the Western District of Texas
                       USDC No. SA-95-CR-272
_________________________________________________________________

                             February 1, 1996

Before KING, SMITH, and BENAVIDES, Circuit Judges.

PER CURIAM*:

     Kelvin ONeal Lankford appeals the district court's denial of

his motion to revoke a pretrial detention.           We have reviewed the

proceedings    below   and   find   support   for   the   district   court's

decision affirming the magistrates judge and denying Lankford's

motion to revoke the detention order. Lankford's assertion that he

was only a user of cocaine is contradicted by the surveillance

evidence that Lankford received large quantities of cocaine from a

codefendant.    Given the nature of the offense and the strength of

the evidence against Lankford, the district court's denial of


    *
       Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
Lankford's motion to revoke the pretrial detention order was not an

abuse of discretion.      See 18 U.S.C. § 3142(g); United States v.

Rueben,   974    F.2d   580,   586   (5th   Cir.   1992),   cert.   denied,

___U.S.___, 113 S.Ct. 1336, 122 L.Ed.2d 720 (1993).

     AFFIRMED.




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