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U.S. v. DIAZ-HERNANDEZ

No. 19-50336.

943 F.3d 1196 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Jose DIAZ-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 19, 2019.

Attorney(s) appearing for the Case

Michael Marks , Federal Defenders of San Diego Inc., San Diego, California, for Defendant-Appellant.

Daniel E. Zipp , Chief, Appellate Section, Criminal Division; Robert S. Brewer Jr. , United States Attorney; United States Attorney's Office, San Diego, California; for Plaintiff-Appellee.

Before: Johnnie B. Rawlinson, Jay S. Bybee, and Sandra S. Ikuta, Circuit Judges.

ORDER

Defendant Jose Diaz-Hernandez 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 properly declined to consider the fact that Diaz-Hernandez was subject to an immigration detainer in assessing whether Diaz-Hernandez posed a risk of flight. We therefore affirm the district court's pretrial detention order.

I

Diaz...

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