United States v. Sanchez

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-21015
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARIO ALBERTO SANCHEZ, also known as
Martin Alaniz,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-665-3
--------------------
March 13, 2001
Before DAVIS, JONES and DeMOSS, Circuit Judges.
PER CURIAM:*
Mario Alberto Sanchez appeals the district court’s denial of
his motion to revoke or amend the magistrate judge’s pretrial
detention order. The order is immediately appealable to this
court. See 18 U.S.C. § 3145(c); Fed. R. App. P. 9(a). Absent an
error of law, this court must uphold a detention order, or the
denial of a motion to revoke a detention order, “if it is
supported by the proceedings below.” United States v. Reuben,
974 F.2d 580, 586 (5th Cir. 1992)(internal quotation marks and

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No. 00-21015
-2-
citation omitted). The inquiry on appeal is whether the evidence
as whole supports the district court’s conclusion. Id.
Sanchez argues that there is no evidence that he is a flight
risk and that the district court thus erred in concluding that no
conditions existed which would reasonably assure his presence at
trial. The Government counters that the finding that Sanchez is
a flight risk is supported by the record. It points to the fact
that Sanchez used an alias and the fact that undercover agents
lost him during surveillance as evidence that Sanchez can be
elusive and further asserts that because Sanchez faces a
statutory maximum 10-year sentence, he is likely to flee.
The evidence against Sanchez is substantial. The district
court was entitled to consider the activities in which Sanchez
was engaged: smuggling illegal Mexican aliens across the border
into this country. Considering Sanchez’ involvement in this
activity and the contacts he must have to facilitate this
activity, using an assumed name and demonstrating skill in
avoiding surveillance, we conclude that the record supports the
district court’s conclusion that Sanchez was a flight risk and
that no condition or combination of conditions will assure his
appearance.
AFFIRMED.

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