United States v. D'Annunzio Y Ellis DeMarchena

MEMORANDUM OPINION

This proceeding raises a question of first impression in this circuit: whether the court may in an appropriate case look behind an otherwise acceptable corporate surety appearance bond to ascertain the source of the collateral and determine whether there is some personal moral compulsion assuring the presence of the defendant at further proceedings. This memorandum opinion embodies the court’s findings of fact and conclusions of law.

I. Background.

On July 14, 1971, the Federal Grand Jury for the Southern District of California returned an indictment in the above entitled matter, charging the defendant D’Annunzio y Ellis DeMarchena in Count One with a violation of Title 21, United States Code, Sections 952 , 960 and 963, illegal importation of a controlled substance, to wit: 2,202 pounds of marijuana, and in Count Two with a violation of Title 21, United States Code, Section 841 (a) (1), possession with intent to distribute a controlled substance, said marijuana. Bond was set by the court upon recommendation of the grand jury in the amount of $125,-000 cash or corporate surety.

On July 23, 1971, the defendant’s bond was reduced from $125,000 to $50,000 cash…