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U.S. v. TORO

No. 91-50717.

981 F.2d 1045 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Diego TORO; Adriana Toro, Defendants-Appellees, and Ralph T. Powell, Maria L. Powell, Sureties, Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Decided December 7, 1992.

Attorney(s) appearing for the Case

Dean G. Dunlavey, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellant.

Alan S. Ross, Benjamin S. Waxman, Robbins, Tunkey, Ross, Amsel & Raben, Miami, FL, for defendants-appellees.

Before: FEINBERG, GOODWIN and SCHROEDER, Circuit Judges.

FEINBERG, Circuit Judge:

The government appeals from orders of the United States District Court for the Central District of California, Robert J. Kelleher, Jr., exonerating the sureties on two bail bonds. The case arose when the sureties moved for exoneration more than six years after two fugitive defendants failed to appear when required. The government responded by moving to have the bonds forfeited. The district court held for the sureties on the ground that the...

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