Laura-Cota

United States v. Laura-Cota

Good Law

262 F. Supp. 2d 1118·2003 WL 21180106·2003 U.S. Dist. LEXIS 13018

United States District Court, Southern District of CaliforniaApril 30, 200300 CR 3303 JMCalifornia711 words

Opinion

Miller, J.

ORDER GRANTING SURETIES’ MOTION TO SET ASIDE BOND FORFEITURE

This case involves the forfeiture of a bond, set in a criminal action against defendant, due to the removal of the defendant from the United States by the Immigration and Naturalization Service (“INS”). The sureties now move to set aside the bond forfeiture because the INS, through its removal of defendant, prevented him from appearing at a mandatory status conference in the criminal action. No opposition has been filed by the government to the sureties’ motion. Pursuant to Local Rule 7.1(d)(1), the court finds this motion appropriate for decision without oral argument.

BACKGROUND

On October 25, 2000, defendant was indicted for illegal importation of marijuana and possession with intent to distribute in violation of 21 U.S.C. §§ 952 and 960, and § 841(a)(1), respectively. Subsequently, on February 13, 2001, a personal appearance bond for defendant was executed in the amount of $20,000 and was secured by defendant, Norma Laura-Cota, defendant’s daughter, and Luis Resendiz, Norma Laura-Cota’s boyfriend.

However, immediately following execution of the bond, defendant was transferred to the custody of the Immigration and…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.