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UNITED STATES v. BRIZUELA

No. 74-2130.

508 F.2d 386 (1974)

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

United States Court of Appeals, Ninth Circuit.

December 9, 1974.

Attorney(s) appearing for the Case

Philip A. DeMassa (argued), San Diego, Cal., for defendant.

William Shaw, Asst. U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before CHAMBERS and GOODWIN, Circuit Judges, and EAST, District Judge.

OPINION

CHAMBERS, Circuit Judge:

Brizuela was found guilty in September, 1973, of smuggling heroin into the United States and on October 29, 1973, was sentenced to 15 years in prison. Pending appeal, he is on liberty on a $200,000 bond with Marie Carlile as a surety.

Since the date of the taking of the direct appeal, it would appear that Brizuela has become "unavailable" or not readily available. The district court has ordered the Carlile bond forfeited...

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