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UNITED STATES v. DINNEEN

No. 77-2688.

577 F.2d 919 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen Joseph DINNEEN, Defendant, Resolute Insurance Company, Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 1, 1978.

Attorney(s) appearing for the Case

Lawrence L. Lewis, III, Lafayette, La., for movant-appellant.

Edward L. Shaheen, U. S. Atty., Frances O. Allen, D. H. Perkins, Jr., Asst. U. S. Attys., Shreveport, La., for plaintiff-appellee.

Before MORGAN and GEE, Circuit Judges, and KING, District Judge.

JAMES LAWRENCE KING, District Judge.

This appeal confronts us with a troubling question, pertinent to the functions of every trial court in this circuit: whether an ordinary surety bond may be extended by the trial court, without express consent of surety, to guarantee the presence of defendant for execution of sentence after the defendant's appeal has been denied and a mandate has been returned. Despite Second Circuit authority to the contrary, we believe that the...

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