United States v. Russell Erxleben

535 F. App'x 424

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 15, 2013
• Docket: 13-50484
• Status: Unpublished

Opinion

PER CURIAM: *

A magistrate judge ordered Russell Allen Erxleben detained pending trial for wire fraud, engaging in a monetary transaction in criminally derived property, and securities fraud. See 18 U.S.C. § 3142(c). A person ordered detained by a magistrate judge is to seek review in the district court by filing “a motion for revocation or amendment of the order.” 18 U.S.C. § 3145(b); see United States v. Gage, 990 F.2d 625, 1993 WL 117780 at *1 (5th Cir. 1993) (unpublished); 5th Cir. R. 47.5.3. Instead of seeking such review, Erxleben moves in this court for revocation of the magistrate judge’s order. We, however, lack jurisdiction to grant the requested relief. See Gage, 990 F.2d at 625. Consequently, Erxleben’s appeal is DISMISSED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.