United States v. Enrique Rodriguez Brizuela, Marie Carlile, Surety

Brizuela was found guilty in September, 1973, of smuggling heroin into the United States and on October 29, 1973, was sentenced to 15 years in prison. Pending appeal, he is on liberty on a $200,000 bond with Marie Carlile as a surety.

Since the date of the taking of the direct appeal, it would appear that Brizuela has become “unavailable” or not readily available. The district court has ordered the Carlile bond forfeited. This occurred in January, 1974, while his appeal was still pending.

We hold that the order of forfeiture must be reversed.

Now for a few more details about the bond and the forfeiture. The bond was an appearance bond. By its terms no obligation to appear was imposed on defendant until this Court of Appeals was through with the case. (The obligation was in a great many more words.) The appeal on the conviction was dismissed in May, 1974, some four months after the forfeiture of bail was ordered.

We cannot sustain the government’s contention that Carlile’s appeal was too late. This is for the reason we hold that the intervening motion for reconsideration filed in the district court tolled the running of time for the appeal until after the district…