United States v. Gregory Dotson ( 2020 )

Case: 20-50299 Document: 00515414047 Page: 1 Date Filed: 05/12/2020
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 20-50299 May 12, 2020
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
GREGORY DOTSON,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:20-MJ-96-1
Before DAVIS, SMITH, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Gregory Dotson is charged in a criminal complaint with possession of five
grams or more of actual methamphetamine with intent to distribute and felony
possession of a firearm. See 21 U.S.C. § 841(b)(1)(B)(viii); 18 U.S.C. § 922(g).
He appeals the district court’s order of detention pending trial.
“Absent an error of law, we must uphold a district court’s pretrial
detention order if it is supported by the proceedings below, a deferential
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 20-50299 Document: 00515414047 Page: 2 Date Filed: 05/12/2020
No. 20-50299
standard of review that we equate to the abuse-of-discretion standard.” United
States v. Hare, 873 F.2d 796, 798 (5th Cir. 1989) (internal quotation marks and
citation omitted). We review questions of law de novo, United States v. Olis,
450 F.3d 583, 585 (5th Cir. 2006), and we review factual findings supporting
an order of detention for clear error, United States v. Aron, 904 F.2d 221, 223
(5th Cir. 1990). Dotson does not dispute that, in light of the drug charge, a
rebuttable presumption arises that no condition or combination of conditions
will reasonably assure his appearance at trial and the safety of the community.
See § 3142(e)(3)(A).
Although Dotson’s recent behavior during his pretrial release in a
related Texas case is relevant to the consideration of his history and
characteristics, so, too, is his lengthy criminal history. See § 3142(g)(3).
Moreover, Dotson ignores that the charged offenses involve both a controlled
substance and a firearm and that his criminal history supports the district
court’s finding that his release would pose a danger to the community. See
§ 3142(g)(1) and (4). The proceedings below amply support Dotson’s pretrial
detention such that the district court did not abuse its discretion, particularly
given the applicable presumption against release. See Hare, 873 F.2d at 798;
§ 3142(e)(3)(A).
AFFIRMED.
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