UNITED STATES v. GUTIERREZ

No. 84-2772.

771 F.2d 1001 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Leonel GUTIERREZ, Defendant. Appeal of Terry D. CORNELL, Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 21, 1985.


Attorney(s) appearing for the Case

Geraldine R. Fehst, Asst. U.S. Atty., Dan K. Webb, U.S. Atty., Chicago, Ill., for plaintiff-appellee.

Robert S. Bailey, Chicago, Ill., for defendant.

Before CUMMINGS, Chief Judge, WOOD and COFFEY, Circuit Judges.


COFFEY, Circuit Judge.

The surety on an appearance bond appeals from an order of the district court denying, without a hearing, his motion to set aside a judgment of forfeiture or, in the alternative, remit the forfeiture. The sole issue on appeal is whether the district court was entitled to rely on the affidavits submitted by the parties or whether it was required to hold an evidentiary hearing on the surety's motion. We affirm.

Defendant Gutierrez, a Columbian...

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