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UNITED STATES v. CERVANTES

No. 81-2183 Summary Calendar.

672 F.2d 460 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar CERVANTES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 5, 1982.

Attorney(s) appearing for the Case

Fred Galindo, Brownsville, Tex., for defendant-appellant.

James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, REAVLEY and RANDALL, Circuit Judges.

REAVLEY, Circuit Judge:

Oscar Cervantes was convicted of conspiracy to defraud the United States. He had posted his own $20,000 appearance bond prior to trial, depositing $2,000 into the court registry, see 18 U.S.C. § 3146(a)(3); bond was continued pending appeal. After his conviction was affirmed, he was ordered to surrender to the United States Marshal on January 29, 1981. He failed to appear on that day, but...

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