United States v. Guillermo Lujan, Myrna Lujan, Sunshine Bail Bonding Company and Stuyvesant Insurance Company

Appellants bring this appeal challenging the judgment of the district court ordering the forfeiture of Guillermo Lujan’s release bond.

Appellant Guillermo Lujan and several other individuals were indicted in two different drug conspiracy cases on November 29, 1977. Lujan was released after posting a $30,000.00 bond. Appellant Sunshine Bail ■ Bonding Company, on behalf of the appellant Stuyvesant Insurance Company, posted a $15,000.00 surety bond, and appellant Myrna Lujan posted a $15,000.00 cash bond.

Under the terms of his release Lujan was required to appear at his arraignment on December 8,1977, “and at such other places and times as the United States Magistrate or Court may order or direct.” (C.R. 9) Lujan was further required under the order of release to “contact his attorney either in person or by personally telephoning him at least once each week no later than 12:00 noon each Friday.” (C.R. 9) Lujan appeared on December 8, 1977, as directed, and the trials in the two cases were set for January 18, 1978 (Trial I) and January 31, 1978 (Trial II).

On December 13, 1977, a superseding indictment (substantially identical to the original) was filed in both cases. On December…