Filed: Sep. 24, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 15-20386 Document: 00513206976 Page: 1 Date Filed: 09/24/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-20386 FILED Summary Calendar September 24, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. HERIBERTO LATIGO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:15-CR-295 Before HIGGINBOTHAM, ELROD, and SOUTHWICK, Circuit Judges. PER CU
Summary: Case: 15-20386 Document: 00513206976 Page: 1 Date Filed: 09/24/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-20386 FILED Summary Calendar September 24, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. HERIBERTO LATIGO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:15-CR-295 Before HIGGINBOTHAM, ELROD, and SOUTHWICK, Circuit Judges. PER CUR..
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Case: 15-20386 Document: 00513206976 Page: 1 Date Filed: 09/24/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-20386 FILED
Summary Calendar September 24, 2015
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
HERIBERTO LATIGO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:15-CR-295
Before HIGGINBOTHAM, ELROD, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Heriberto Latigo appeals from the district court’s denial of his motion to
revoke the magistrate judge’s order of detention pending his trial on criminal
stalking charges. See 18 U.S.C. §§ 2261A(2)(B), 3142, 3145.
The evidence as a whole supports the district court’s determination that
Latigo, over the internet and in person, has engaged in conduct designed to
“cause substantial emotional distress,” 18 U.S.C. § 2261A(2)(B), to the victim
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-20386 Document: 00513206976 Page: 2 Date Filed: 09/24/2015
No. 15-20386
and presents a physical threat to her and that he would continue to do so if
released pending trial. See § 3142; United States v. Rueben,
974 F.2d 580, 586
(5th Cir. 1992). The evidence further supports the district court’s conclusion
that Latigo poses a flight risk. See § 3142;
Rueben, 974 F.2d at 586.
The decision of the district court is AFFIRMED.
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