Aguilar
United States v. Aguilar
Opinion
Opinion
Weigel, J.
MEMORANDUM AND ORDER
I. BACKGROUND
On August 29, 1991, Defendant Jesus Aguilar was indicted for conspiracy and possession with intent to distribute heroin. On October 3, 1991, he was released from custody on a $100,000 property bond after his family members (the “Sureties”) posted their home as security. On October 24, 1991, Defendant pled guilty to the charges brought against- him. Sentencing was scheduled for January 9, 1992, but Defendant failed to appear. On May 14, 1992, the Court granted Plaintiff’s motion for judgment forfeiting bail.
The Sureties — Defendant’s mother, father, sister, and brother-in-law — move to set aside and remit the bond forfeiture. The government opposes the Sureties’ motion.
II. DISCUSSION
A district court may set aside a bond forfeiture if the government’s actions materially increase the risk of the surety without its knowledge and consent. United States v. Galvez-Uriarte, 709 F.2d 1323, 1324 (9th Cir.1983); Reese v. United States, 76 U.S. (9 Wall.) 13, 21-22 , 19 L.Ed. 541 (1869). A district court may also set aside a bond forfeiture if justice does not require the forfeiture. United States v. Minor, 846 F.2d 1184, 1190 (9th Cir.1988);…