United States v. Garza

*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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
April 16, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-20300
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERTO GARZA,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-03-M-165-2
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Roberto Garza appeals from an order of the district court
denying his motion to revoke the magistrate judge’s pretrial
detention order. The district court’s decision, which effectively
adopted the reasoning of the magistrate judge, rests upon its
conclusion that Garza has not rebutted the presumption that no
condition or combination of conditions will reasonably assure the

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1 18 U.S.C. § 3142(e) & (f).
2 See United States v. Rueben, 974 F.2d 580, 586 (5th Cir.
1992) (“[T]he risk of continued narcotics trafficking on bail does
constitute a risk to the community.”).
2
safety of the community.1 The district court’s conclusions are
supported by the record.2
AFFIRMED.

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