United States of America, and v. Larry Kenneth Gonware, Glenn Holmes Bail Bond Agency

A complaint filed with a United States Commissioner charged Larry Kenneth Gonware with a violation of Title 18, United States Code, Section 495 , forgery of a United States Treasury Check. The appellant, Glenn Holmes Bail Bond Agency, agent for the Resolute Insurance Company, posted bail on May 9, 1968, in the amount set by the Commissioner of $2000. A Federal Grand Jury thereafter indicted Gonware for violation of 18 U.S.C. § 495 . At the arraignment, June 3, 1968, the District Court continued the bail previously posted before the Commissioner. One week later, Gonware appeared before the Court and entered a plea of guilty. The Court continued the case to June 24, 1968, referring it to the probation office for an investigation and report. On June 24, 1968, the Court sentenced the defendant to imprisonment for three years. Upon the defendant’s motion, the Court stayed execution of the sentence for two days until noon, June 26, 1968. The District Court ordered Gonware to report to the United States Marshal at that time.

After Gonware did not report to the Marshal as ordered, the Court granted the Government’s motion to forfeit the defendant’s bail. Glenn Holmes appeals from the…