UNITED STATES v. GRAY

Nos. 77-2299 and 77-2300. Summary Calendar.

568 F.2d 1134 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Kyle GRAY, Defendant, Argonaut Insurance Company, Movant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Barbara Ann GASTON, Defendant, Argonaut Insurance Company, Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 2, 1978.


Attorney(s) appearing for the Case

Janet Reno, Miami, Fla., for movant-appellant in both cases.

J. V. Eskenazi, U. S. Atty., Mervyn L. Ames, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee in both cases.

Before RONEY, GEE and FAY, Circuit Judges.


PER CURIAM:

In this appeal, the appellant Argonaut Insurance Company asserts that justice did not require the enforcement of two $100,000 appearance bond forfeitures entered against it in the court below and that these bonds should have been set aside under Fed.R.Crim.P. 46(e)(2). We decline to address this question, and consider instead whether the lower court abused its discretion in refusing to set aside the forfeitures. After careful review of the testimony, much...

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