United States v. Lankford

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the district court's denial of * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 2