United States v. Brooks

* 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this opinion should not be published and is not precedent except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 21, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-20916
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HOGAN TEBBS BROOKS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:04-CR-390-ALL
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Before JONES, BARKSDALE, and PRADO, Circuit Judges.
PER CURIAM:*
Hogan Tebbs Brooks appeals the district court’s denial of
his motion to review or revoke an order of pretrial detention.
We remanded the case to the district court for the limited
purpose of rendering reasons for its denial. The district court
issued an order setting forth its factual findings and its
conclusion that Brooks should be detained because he is charged
with a crime of violence and he poses both a flight risk and a
danger to the community.

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No. 04-20916
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We review the order issued by the district court, not that
of the magistrate judge. United States v. Westbrook, 780 F.2d
1185, 1188 n.4 (5th Cir. 1986). Absent an error of law, this
court will uphold a district court’s pretrial detention order if
it is supported by the proceedings below. United States v.
Rueben, 974 F.2d 580, 585 (5th Cir. 1992).
The district court’s ruling is supported by the record. See
United States v. Hare, 873 F.2d 796, 798 (5th Cir. 1989). The
pretrial detention order is AFFIRMED.

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