UNITED STATES v. ROHER

No. 82-1290.

706 F.2d 725 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Glenn Richard ROHER, Defendant, International Fidelity Insurance Company, Surety Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 2, 1983.


Attorney(s) appearing for the Case

Matt Garcia, Orlando L. Garcia, San Antonio, Tex., for surety defendant-appellant.

Helen M. Eversberg, Robert Michael Duffey, Asst. U.S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before THORNBERRY, GEE and WILLIAMS, Circuit Judges.


GEE, Circuit Judge:

At the threshold of this appeal from the district court's refusal to set aside or remit forfeiture of an appearance bond lies a procedural issue. Notice of appeal was filed timely if the proceeding is controlled by the thirty-day rule for civil cases, untimely if by the ten-day rule for criminal ones. Rule 4, Federal Rules of Appellate Procedure. The issue is freighted with few or no moral or policy considerations; all that is needed is a clear...

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