United States v. Richard Plato , 432 F. App'x 341 ( 2011 )

Case: 11-20407 Document: 00511534040 Page: 1 Date Filed: 07/08/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
July 8, 2011
No. 11-20407
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee
v.
RICHARD M. PLATO,
Defendant - Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:11-CR-263-1
Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Richard M. Plato appeals the district court’s affirmance of the magistrate
judge’s order of pretrial detention. Absent an error of law, we will uphold a
district court’s pretrial detention order if it is supported by the proceedings in
that court, a deferential standard of review that equates to an abuse of
discretion standard. United States v. Rueben, 974 F.2d 580, 586 (5th Cir. 1992).
Plato has not shown that the district court made an error of law. The
district court’s determination that the Government had shown by a
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-20407 Document: 00511534040 Page: 2 Date Filed: 07/08/2011
No. 11-20407
preponderance of the evidence that no condition or combination of conditions
could reasonably assure Plato’s presence at trial is supported by the record. See
18 U.S.C. § 3142; United States v. Westbrook, 780 F.2d 1185, 1189-90 (5th Cir.
1986). Accordingly, the pretrial detention order is AFFIRMED.
2