United States v. Diego Toro Adriana Toro, and Ralph T. Powell, Maria L. Powell, Sureties, Real Parties in Interest

The government appeals from orders of the United States District Court for the Central District of California, Robert J. Kelleher, Jr., exonerating the sureties on two bail bonds. The case arose when the sureties moved for exoneration more than six years after two fugitive defendants failed to appear when required. The government responded by moving to have the bonds forfeited. The district court held for the sureties on the ground that the applicable six-year statute of limitations had run. For the reasons set forth below, we affirm the decision of the district court.

I.

Defendants Adriana and Diego Toro were arrested in July 1984, and later indicted for several offenses. On July 23, 1984, a magistrate set bail for Diego Toro in the amount of a $125,000 appearance bond with a five percent deposit, secured by the deeding of property. On August 16, 1984, sureties Ralph T. Powell and Maria L. Powell signed affidavits of sureties and mortgage deeds regarding three different pieces of property in Miami, Florida. The affidavits of the sureties acknowledged their obligations to pay the amount specified “in the event the bond is forfeited.” Bond was posted on August 22,1984. Adriana…