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

The surety appeals from a judgment ordering the forfeiture of a $200,000 bail bond caused by the failure of the defendant to surrender, following an unsuccessful appeal, to serve a previously imposed sentence. He had been convicted in September 1973 on three counts involving possession of heroin and sentenced to a term of 15 years on each count, the sentences to run concurrently. A premature effort by the government to forfeit the bond pending appeal was aborted. See United States v. Brizuela, 508 F.2d 386 (9th Cir. 1974).

The district court ordered the defendant to surrender in court on January 20, 1975. When he did not appear, that court ordered the bond on appeal forfeited and entered judgment against the surety for the amount of the bond.

The appeal by the defendant Brizuela was dismissed by our order of January 24, 1974. We provided that the appeal might be reinstated should the defendant surrender himself to the district court within 30 days of that date. Brizuela neither appeared nor surrendered.

The surety’s reliance on our earlier opinion is misplaced. We there held only that the prior forfeiture orders should be vacated and indicated that the surety should be given…