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UNITED STATES v. VERA-ESTRADA

Nos. 77-2690, 77-3015.

577 F.2d 598 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Larry John VERA-ESTRADA, Defendant, Surety, Flores & Flores, Surety-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Alfred YORBA, Defendant, Surety Insurance Company, Surety-Appellant.

United States Court of Appeals, Ninth Circuit.

June 28, 1978.

Attorney(s) appearing for the Case

Robert A. Ball, Joseph A. Milchen of McInerney, Milchen & Frank, San Diego, Cal., for surety-appellant.

D. Michael Waltz, Asst. U. S. Atty., on the brief, Terry J. Knoepp, U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before CHOY and ANDERSON, Circuit Judges, and PALMIERI, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

These bond forfeiture appeals1 present a single issue: is a surety entitled to notice of its principal's failure to appear? We hold that under rule 46(e)(1), Fed.R.Crim.P., notice is not required. We affirm the District Court's ruling in each case in favor of the government.

On August 16, 1976, defendant Vera-Estrada failed to appear in District Court, and his $5,000 bail bond was ordered forfeited...

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