UNITED STATES v. GIL

No. 80-5291.

657 F.2d 712 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Gustavo A. GIL, Defendant, Cotton Belt Insurance Company, a Tennessee Corporation, Surety-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

September 28, 1981.


Attorney(s) appearing for the Case

Hurley, McNulty, Stakelum & O'Connor, James J. O'Connor, New Orleans, La., Ferguson & Gettinger, P.A., Randolph Q. Ferguson, Coral Gables, Fla., for surety-appellant.

Martin R. Raskin, Sp. Atty., Dept. of Justice, Miami, Fla., Sara Criscitelli, Appellate Section, Crim. Div., Washington, D.C., for plaintiff-appellee.

Before GODBOLD, Chief Judge, TJOFLAT and THOMAS A. CLARK, Circuit Judges.


TJOFLAT, Circuit Judge:

The sole question presented in this appeal is whether the district court abused its discretion in failing to set aside the forfeiture of two bail bonds, pursuant to Federal Rule of Criminal Procedure 46(e)(2). We find that the district court acted well within its discretion in declining to set aside the forfeiture, but that it erred in calculating the amount to be forfeited under the bonds.

I

Cotton Belt Insurance Company...

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