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UNITED STATES v. CARR

No. 79-1026.

608 F.2d 886 (1979)

UNITED STATES of America, Plaintiff, Appellee, v. John M. CARR, Jr., Alias John Doe, Defendant. Appeal of David CHERNICK and Anthony Bellini, Sureties.

United States Court of Appeals, First Circuit.

Decided November 5, 1979.

Attorney(s) appearing for the Case

Edward John Mulligan, Warwick, R. I., for appellant Anthony Bellini.

Mortimer C. Newton, Providence, R. I., for appellant David Chernick.

Robert C. Power, Sp. Atty., U. S. Dept. of Justice, Washington, D. C., with whom Paul F. Murray, U. S. Atty., Providence, R. I., was on brief, for appellee.

Before COFFIN, Chief Judge, KUNZIG, Judge, U.S. Court of Claims, CAMPBELL, Circuit Judge.

COFFIN, Chief Judge.

This is an appeal from a judgment in favor of the United States against two sureties for forfeiture of a bond violated by a criminal defendant who failed to appear at trial. The case requires us to construe how much of a criminal proceeding was covered by the sureties' undertaking.

Defendant Carr was arrested on September 13, 1976 on charges of extortion. The next day, defendant and two sureties, Chernick and Bellini, executed before a...

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