United States v. Claville

285 F. App'x 176

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 25, 2008
• Docket: 08-30555, 08-30556
• Status: Unpublished

Opinion

PER CURIAM: *

Vernon Claville and Michael Walker were convicted following a jury trial of violating the Racketeer Influenced Corrupt Organizations Act. In consolidated appeals, Claville and Walker appeal the district court’s orders of detention pending sentencing.

A defendant who has been convicted “shall” be detained pending sentencing “unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released!.]” 18 U.S.C. § 3143(a). Our review is limited to abuse of discretion, and the detention order must be sustained if it is supported by the proceedings in the district court. See United States v. Cantu-Salinas, 789 F.2d 1145, 1146 (5th Cir.1986). The district court did not abuse its discretion in concluding that neither Gaville nor Walker could meet the statute’s demanding standard. Its orders of detention as to both defendants are supported by the proceedings in the district court.

Accordingly, we AFFIRM the district court’s order of detention as to Vernon Gaville and its order of detention as to Michael Walker.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.