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UNITED STATES v. RYAN

No. 77-3057 Summary Calendar.

580 F.2d 151 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. James Patrick RYAN, Defendant, Douglas A. Aabbott and Peerless Insurance Company, Movants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 14, 1978.

Attorney(s) appearing for the Case

Shalle Stephen Fine, Miami, Fla., for movants-appellants.

Robert W. Rust, U. S. Atty., Stephen M. Pave, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before MORGAN, CLARK and TJOFLAT, Circuit Judges.

PER CURIAM:

Peerless Insurance Company (Peerless) posted a $25,000 bail bond (subsequently reduced to $10,000) in the court below so that its principal, James Patrick Ryan, could be released pending his trial on drug charges brought under 21 U.S.C. §§ 844(a), 963 (1976). Ryan pled guilty, and when he failed to appear for sentencing the district judge, in open court, declared a forfeiture of the bail as required by rule 46(e)(1), Fed.R.Crim.P., which provides...

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