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UNITED STATES v. ABERNATHY

Nos. 84-1141, 84-1142.

757 F.2d 1012 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Ray ABERNATHY, Daniel David Abernathy, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 9, 1985.

Attorney(s) appearing for the Case

James E. Mueller, Tucson, Ariz., for defendants-appellants.

Francisco Leon, Federal Public Defender, Tucson, Ariz., for plaintiff-appellee.

Before SCHROEDER, FLETCHER and CANBY, Circuit Judges.

PER CURIAM:

Donald and Daniel Abernathy appeal from the Arizona district court's declaration of forfeiture of bond against them for failure to obey the release orders of a Utah magistrate directing them to appear in Arizona. Because venue was proper in Arizona and the court did not abuse its discretion in refusing not to enforce forfeiture or remit bond, the orders of the district court are affirmed.

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