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UNITED STATES v. SANCHEZ

No. 75-2229. Summary Calendar.

521 F.2d 244 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus Lozano SANCHEZ and Jesus Garcia Rivas, Defendants, Surety Insurance Co. etc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 12, 1976.

Attorney(s) appearing for the Case

Tony Aguilar, El Paso, Tex., for defendant-appellant.

Edward B. McDonough, Jr., U. S. Atty., Mary L. Sinderson, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, and GODBOLD and GEE, Circuit Judges.

PER CURIAM:

Fred Everett was an agent for Surety Insurance Company to execute bail bonds in the Southern District of Texas. Unknown to Surety Everett was fraudulently altering the individual powers of attorney which accompanied the bonds. When two defendants for whom Everett had written $20,000.00 appearance bonds failed to appear, the Government successfully moved to forfeit the bonds. Surety then moved to remit, claiming no liability because of the fraud of its...

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