United States v. Richard Frank Plechner, Surety Insurance Company of California, Surety-Appellant

577 F.2d 596 UNITED STATES of America, Plaintiff-Appellee, v. Richard Frank PLECHNER, Defendant, Surety Insurance Company of California, Surety-Appellant. No. 77-2484. United States Court of Appeals, Ninth Circuit. June 28, 1978. Lester M. Fleischner, Los Angeles, Cal., for surety-appellant. Harry D. Steward, D. Michael Waltz, Asst. U.S. Atty., on the brief, Terry J. Knoepp, U.S. Atty., San Diego, Cal., for plaintiff-appellee. On Appeal from the United States District Court for the Southern District of California. Before CHOY and ANDERSON, Circuit Judges, and PALMIERI, * District Judge. J. BLAINE ANDERSON, Circuit Judge: 1 This is an appeal by a surety from a judgment by the District Court adopting a magistrate's order of forfeiture of a $10,000 appearance bond and requiring the surety to pay $7500. On appeal, appellant asserts that the forfeiture was erroneous because (1) none of the bail bond's conditions was breached, and (2) the magistrate was without power to order a forfeiture. Neither contention is persuasive and we affirm. 2 Defendant Plechner, along with nine others, was charged with violations of 21 U.S.C. § 963 (conspiracy to import controlled substances) and 21…