UNITED STATES v. PRICE III (2021)

Lee E. Price, III, was granted pretrial release from detention. Following a hearing, however, his release was revoked, based in part on findings that he violated conditions of release. After the district court denied Price's subsequent motion to reopen his detention hearing, he appealed.

In this court, Price contends as follows: the district court erroneously found that he received a written copy of his release conditions before his release; he was not provided with a copy; he unknowingly violated the conditions; the district court never addressed his argument that the attorney representing a cooperating individual had a conflict of interest; he was never charged for any offense in connection with his conduct on release; and the court erred in finding that he has continued to engage in suspect behavior since his detention.

We review rulings on motions to reopen detention hearings applying a deferential standard that is equivalent to reviewing for abuse of discretion. See United States v. Hare, 873 F.2d 796, 798 (5th Cir. 1989). Absent an error of law, we will affirm if the district court's decision is supported by the proceedings. Id. Here, we discern no legal errors and conclude, in light of the record, that the district court's decision not to reopen the detention hearing is supported by the proceedings. See id. at 798-99.

The judgment of the district court is AFFIRMED. Price's request for release pending appeal is DENIED. See Fed. R. App. P. 9(a)(3).

FOOTNOTES

FOOTNOTE.  

Per Curiam:* FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.