Paul John Carbo, Frank Palermo, Joseph Sica and Louis Tom Dragna v. United States
Opinion
Opinion
Hamley, J.
These appeals, consolidated for hearing and disposition, constitute an epilogue to our decision of March 3, 1961, involving these same appellants. Carbo v. United States, 9 Cir., 288 F.2d 282 . Essential background facts set out in that opinion will not be repeated here.
In our opinion of March 3, 1961, we reversed an order of the district court granting the Government’s motion to exonerate appellants’ bail bonds and remand appellants to the custody of the marshal during a criminal trial now in progress. We also directed that appellants be admitted to bail
On the day after our opinion was filed all appellants renewed in the district court their motions for the setting of bail. The opinion of March 3, 1961, was then before the district court but the mandate thereon had not yet been issued. Properly recognizing, however, that it had continuing jurisdiction in bail matters, the district court agreed to entertain the motions without awaiting issuance of the mandate. It was understood by all concerned that in disposing of the renewed motions the views announced in the opinion of March 3 would govern.