from the United States District Court for the Eastern
District of Louisiana
SMITH, PRADO, and GRAVES, Circuit Judges.
E. SMITH, Circuit Judge.
Moreno was caught violating the conditions of pretrial
release set by a federal magistrate judge ("MJ") in
California. A federal MJ in Louisiana held a hearing and
ordered that Moreno be detained. The district court a
quo affirmed. Moreno challenges the detention order.
Finding no error, we affirm.
is a lifelong resident of California. In October 2015, he was
indicted by a federal grand jury in the Eastern District of
Louisiana (the "Eastern District") for conspiring
to distribute and possess with intent to distribute
methamphetamine. A warrant was issued in the Eastern District
for his arrest. In March 2016, he was arrested in the Central
District of California ("CDCA"). An MJ in CDCA
denied the government's motion for detention and released
Moreno on a $50, 000 bond. The conditions of pretrial release
required Moreno to avoid illegal drugs and submit to drug
April 2016, Moreno tested positive for marihuana, cocaine,
and meth-amphetamine and admitted to using them at a party.
CDCA pretrial services increased the frequency of
Moreno's drug testing and placed him in outpatient drug
same day that the drug test results came back, a police
officer in San Fernando, California, responding to reports of
a vehicle break-in, found Moreno sitting in the driver's
seat of a luxury vehicle, apparently intoxicated, and
bleeding from his hand. There was blood-stained cash on the
passenger's seat and a clear plastic bag filled with what
appeared to be methamphetamine. Moreno's brother, who
also seemed intoxicated, was in the back seat.
officer arrested Moreno. A search of the car uncovered a
backpack full of cash and two bottles containing Promethazine
with Codeine (a controlled substance). The officer discovered
eighteen prescription Xanax pills in Moreno's pocket. The
substance in the clear plastic bag tested positive for
was charged with three California drug crimes and released on
a state bond. The government moved in the CDCA to revoke
Moreno's bail in the Eastern District case. The MJ in
CDCA issued an arrest warrant for Moreno.
2, before the arrest warrant could be executed, Moreno
appeared for a scheduled hearing in the Eastern District,
where an MJ accepted his plea of not guilty and heard
arguments about whether to detain him. The government noted
that since being released from federal custody, Moreno had
used drugs and had been charged with drug offenses. The
government claimed that detention was necessary because
Moreno's lack of ties to the Eastern District made him a
flight risk, and his alleged drug-selling made him a danger
to the community. Moreno blamed the California drug arrest on
his brother, explained that he had relinquished his passport,
noted that he had shown up at the hearing, and suggested that
he be placed in an inpatient drug treatment program. The
Eastern District MJ determined that there were no conditions
or combination of conditions that would reasonably assure
Moreno's appearance in court or the safety of the
community. She ordered that Moreno be held without bail
appeal to the district court, Moreno disputed the
government's portrayal of the circumstances surrounding
his arrest in San Fernando: He denied breaking into the car
and noted that he had a prescription for Xanax and that his
brother had claimed ownership of the other drugs found in the
car. He also disputed the government's claim that he was
a flight risk and a danger to the community. He noted that he
had appeared at the May 2 hearing in the Eastern District,
had deep ties to California (where he would reside while on
bail), had never been convicted of a felony, and had never
been found to be in possession of a firearm. On June 24, the
district judge in the Eastern District affirmed the MJ's
detention order and adopted her report and recommendation.
appeal to this court, Moreno raises four issues. First, he
challenges the detention order on the merits. Second, he
claims that the district court violated its own local rules.
Third, he claims that the district judge violated ethical
rules by having his law clerk send out an email about a
filing deadline. Finally, he claims that ...