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UNITED STATES v. HESSE

No. 77-3360 Summary Calendar.

576 F.2d 1110 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Heniz Jurgen HESSE, Defendant, R. P. Kelley, Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 20, 1978.

Attorney(s) appearing for the Case

John Allen Curtis, Dallas, Tex., for movant-appellant.

Kenneth J. Mighell, U. S. Atty., William O. Wuester, III, Asst. U. S. Atty., Fort Worth, Tex., Shirley Baccus-Lobel, Asst. U. S. Atty., Dallas, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, and COLEMAN and VANCE, Circuit Judges.

JOHN R. BROWN, Chief Judge:

This is an appeal by one who gambled in a high-risk game and lost. Appellant R. P. Kelley (or Kelly), the surety of an appearance bond in the amount of $200,000, claims that the District Court erred in granting the Government's motions for default and bond forfeiture when the defendant and principal, Heinz Hesse, failed to attend his sentencing after entering a guilty plea. The District Court found that the terms of the bond contract had...

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