F I L E D United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS March 27, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 02-61007 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MICHAEL LEE HODGES,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Mississippi USDC No. 4:02-CR-18-1 --------------------

Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Michael Lee Hodges appeals from the district court’s order

affirming the magistrate judge’s detention order. The district

court’s decision, which affirmed the magistrate judge’s detention

order, rests upon the conclusion that Hodges has not rebutted the

presumption that no condition or combination of conditions will

reasonably assure his presence at trial. See 18 U.S.C.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 02-61007 -2-

§ 3142(e). This conclusion is supported by the record. See

United States v. Rueben,

(5th Cir. 1992).

Accordingly, the district court’s order is AFFIRMED.