United States Court of Appeals

for the Fifth Circuit

No. 21-40335

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Keith Todd Ashley, 

Defendant—Appellant.

Appeal from the United States District Court

for the Eastern District of Texas

No. 4:20-CR-318-1

Before King, Smith, and Wilson, Circuit Judges.

Per Curiam:*

Keith Ashley appeals an order of detention pending his trial for wire 

fraud, mail fraud, and possessing a firearm in furtherance of a crime of violence. The district court found that Ashley had failed to rebut the presumption against release and that there is no condition or combination of condi-

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances 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.

United States Court of Appeals

Fifth Circuit

FILED

June 14, 2021

Lyle W. Cayce

Clerk

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tions on which he could be released. Ashley contends that he is not a flight

risk or danger to the community; he posits a list of conditions he avers would 

reasonably assure the public’s safety upon his release. In addition, he asserts

that the district court abused its discretion by not conducting a fresh detention hearing after he was charged with the firearm offense in a superseding 

indictment, which gave rise to a presumption against release. See 18 U.S.C.

§ 3142(e)(3)(B). In his reply to the government’s response to his motion, 

Ashley maintains that he is entitled to pretrial release in light of new information regarding the government’s agreement to let his state murder prosecution proceed first and in view of the likelihood of his being granted bail in state 

court.

The district court’s finding on dangerousness is supported by the record evidence that Ashley murdered one of his financial clients to benefit from 

his life insurance policy; that he took out significant policies on himself, his 

wife, and his children; that he stole $225,000 from his mother-in-law; and 

that he wrote a lengthy suicide note on his cell phone. See United States v. 

Rueben, 974 F.2d 580, 586 (5th Cir. 1992). Ashley’s argument on appeal 

regarding the risk that he would obstruct justice or tamper with witnesses is

unresponsive to the district court’s findings. In any event, Ashley fails to 

show that the district court abused its discretion in finding that he poses a 

danger to the community. See id. In addition, he shows no error in the district 

court’s determination that no conditions of pretrial release would reasonably 

assure the public’s safety. See id.; see also § 3142(e)−(g).

Moreover, the district court did not err by not conducting a de novo

detention hearing before adopting the magistrate judge’s detention order. 

See United States v. Hensler, No. 94-50042, 1994 WL 83436, at *2 (5th Cir. 

Feb. 24, 1994) (unpublished but precedential per 5th Cir. R. 47.5.3). 

Lastly, insofar as Ashley seeks release on account of the government’s prosecution agreement with Texas, we do not consider evidence or facts that were 

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not before the district court at the time of the challenged ruling. See Theriot 

v. Parish of Jefferson, 185 F.3d 477, 491 n.26 (5th Cir. 1999).

The order of detention pending trial is AFFIRMED. 

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