                   UNITED STATES COURT OF APPEALS
                        FOR THE FIFTH CIRCUIT

                          _____________________

                               No. 98-10263
                             Summary Calendar
                          _____________________

                      UNITED STATES OF AMERICA,

                                                        Plaintiff-Appellee,

                                    versus

          ISMAEL APOLINAR, also known as The Engineer,

                                                        Defendant-Appellant.

_________________________________________________________________

           Appeal from the United States District Court
                for the Northern District of Texas
                        (3:97-CR-408-19-P)
_________________________________________________________________

                             April 21, 1998

Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

     Ismael    Apolinar   appeals    the     district   court’s   order   both

detaining him without bail and overruling the magistrate judge’s

order setting bail at $100,000 cash bond.           Apolinar contends that

the Government failed to prove that he is a flight risk and that,

because the detention hearing was untimely under 18 U.S.C. §

3142(f), the Government could not seek detention without bail.

     The record supports the district court’s determinations that

the Government proved by a preponderance of the evidence that


     *
          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that this opinion should not be published and is not precedent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.
Apolinar has strong ties to Mexico and is a flight risk; and that

there is no condition, or combination of conditions, which would

reasonably assure Apolinar’s appearance at trial.   See 18 U.S.C. §

3142(e); United States v. Rueben, 974 F.2d 580, 585-86 (5th Cir.

1992), cert. denied, 507 U.S. 940 (1993).   Apolinar’s contention

that the Government waived the right to request detention without

bail due to the untimeliness of the detention hearing is without

merit. See United States v. Montalvo-Murillo, 495 U.S. 711, 716-21

(1990).

                                                     AFFIRMED




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