United States v. Frank D. Stanley

Frank D. Stanley appeals the order denying his motion to set aside or remit the forfeiture of his bond. We affirm.

I. Statement of the Case

Stanley was convicted of possession, importation and conspiracy to possess and import 10,000 pounds of marijuana, in violation of 21 U.S.C. §§ 952 (a), 841(a)(1), 963 and 846. He was released on bail pending his appeal.

Despite the condition of release that he not leave the Northern District of California, Stanley went to Booth Bay, Maine. In July 1977, Stanley was detained in Maine for suspicion of smuggling while aboard a boat owned by an individual who had been associated with Stanley in the activities that resulted in Stanley’s conviction. At the time of the detention, Stanley was carrying false identification in the name of Harold W. Carmichael. On March 31, 1978, the Government filed an ex parte motion to revoke Stanley’s bail because of the breach of the travel restriction. The motion was granted.

In April 1978, an evidentiary hearing was held to provide Stanley with an opportunity to refute the charges. Stanley did not contest that he had violated the travel restriction, nor did he contest the fact that he had been carrying false…