United States v. Jesus Galvez-Uriarte, Bert F. Sparacino, D.B.A., Bert's Bail Bonds, Real Party in Interest-Appellant

Sparacino, a bail bondsman, appeals from an order denying his motion to set aside a bail bond forfeiture. We reverse, in part, because the United States increased the risk of the bail bondsman without notice and consent.

Jesus Galvez-Uriarte was charged with violations of federal narcotics laws. He was released pending trial when Sparacino, as agent for Allied Fidelity Insurance Company, filed a $75,000 corporate surety bond. The bond provided that Galvez could not leave California without permission of the court.

Galvez is a citizen of Mexico. When he was released from custody his passport documents were not returned. After the hearing setting a trial date, Galvez’ attorney asked the Assistant United States Attorney to obtain documents allowing Galvez to remain in the United States until his trial. The Government attorney responded that she could not do so, but did provide a parole letter that would allow Galvez to re-enter the United States for trial. The letter required Galvez’ attorney to acknowledge that he had advised Galvez to return to Mexico until the trial.

When Galvez failed to appear for a later hearing, the district court granted the Government’s motion for…