                     UNITED STATES COURT OF APPEALS
                          FOR THE FIFTH CIRCUIT
                 _____________________________________

                             No. 02-20424

                 _____________________________________


                       UNITED STATES OF AMERICA,

                                             Plaintiff-Appellee,

                                  v.

                      Walter Eugene FITZPATRICK,

                                             Defendant-Appellant.


         __________________________________________________

            Appeal from the United States District Court
                  For the Southern District of Texas
                            (H-02-CR-142-2)
         __________________________________________________
                             June 11, 2002



Before DAVIS, BENAVIDES, and CLEMENT, Circuit Judges.

PER CURIAM:*

     The government filed a petition for rehearing challenging

our earlier order vacating the district court’s order of

detention.     Upon reconsideration, we agree with the government

that Fitzpatrick’s possession of child pornography was a “crime

of violence” within the meaning of 18 U.S.C. § 3142(f).     Based on

our review of the record, we conclude that the district court did

     *
          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that this opinion should not be published and is not precedent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.
not err in finding that “no condition or combination of

conditions will reasonably assure the appearance of [Fitzpatrick]

as required and the safety of any other person and the

community,” and therefore, ordering that Fitzpatrick be detained

before trial.   18 U.S.C. § 3142(e).   For these reasons, we DENY

Fitzpatrick’s Motion to Vacate Order of Detention Pending Trial

and affirm the district court’s order of detention.   We also DENY

all other pending motions.



DENIED.




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