UNITED STATES v. BRIZUELA

No. 75-2378.

551 F.2d 249 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Enrique Rodriguez BRIZUELA, Defendant, Marie Carlile, Surety-Appellant.

United States Court of Appeals, Ninth Circuit.

February 8, 1977.


Attorney(s) appearing for the Case

Philip A. DeMassa (argued), San Diego, Cal., for surety-appellant.

D. Michael Waltz, Asst. U.S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

Before CHAMBERS and WRIGHT, Circuit Judges, and INGRAM, District Judge.


PER CURIAM:

The surety appeals from a judgment ordering the forfeiture of a $200,000 bail bond caused by the failure of the defendant to surrender, following an unsuccessful appeal, to serve a previously imposed sentence. He had been convicted in September 1973 on three counts involving possession of heroin and sentenced to a term of 15 years on each count, the sentences to run concurrently. A premature effort by the government to forfeit the bond pending appeal was...

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