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UNITED STATES v. CASTALDO

No. 80-5258.

667 F.2d 20 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest Joseph CASTALDO, Defendant-Appellant, Cotton Belt Insurance Company, Inc., Insurance Company of the West and Neil Frederick Miller, Sureties, Real Parties in Interest and Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 23, 1981.

Attorney(s) appearing for the Case

William T. Murphy, Law Office of Chris A. Schaefer, San Rafael, Cal., for defendant-appellant.

Henry H. Rossbacher, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before SKOPIL, FARRIS and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge.

At issue in this appeal is whether the trial court abused its discretion in refusing to set aside or remit a bond forfeited pursuant to Fed.R.Crim.P. 46(e)(1) following Castaldo's failure to appear at a scheduled post-conviction hearing.

Rule 46(e)(1) mandates the forfeiture of a bond upon the breach of a bond condition, such as the defendant's non-appearance. The rule, however, confers discretion upon the trial court to set aside...

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