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U.S. v. SANTOS-FLORES

No. 15-10289.

794 F.3d 1088 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Ernesto SANTOS-FLORES, aka Ernesto Adan Santos-Flores, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 23, 2015.

Attorney(s) appearing for the Case

Robert J. McWhirter , ASU Alumni Law Group, Phoenix, AZ, for Appellant Ernesto Santos-Flores.

John S. Leonardo , United States Attorney, Krissa M. Lanham , Deputy Appellate Chief, and William G. Voit , Assistant United States Attorney, United States Attorney's Office, Phoenix, AZ, for Appellee United States of America.

Before: SCHROEDER, CANBY, and KOZINSKI, Circuit Judges.

ORDER

Defendant Ernesto Santos-Flores appeals the district court's order of detention pending trial. We have jurisdiction pursuant to 18 U.S.C. § 3145(c) and 28 U.S.C. § 1291. We hold that the district court erred in ordering pretrial detention based on the likelihood that, if released pending trial, Santos-Flores would be placed in immigration detention and removed from the United States, precluding his appearance for trial. We affirm the district court...

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