United States v. Amwest Surety Insurance Company Tito's Bail Bonds

Amwest Surety Insurance Company and Tito’s Bail Bonds appeal the district court’s order denying remission of a bail bond forfeiture. The bond was issued to secure the appearance of Johnny Nash at all criminal hearings before the court. Amwest and Tito’s argue that the district court erred when it determined that they had waived their right to request remission and that the facts of this case did not warrant remission. We affirm.

BACKGROUND

In August of 1992, Amwest executed a $100,000 surety bond to secure the release of Johnny Nash, who was charged with conspiracy to manufacture methamphetamine, possession of a listed chemical with intent to manufacture a controlled substance, and aiding and abetting. Nash’s ex-wife, Mrs. Oleta Nash, had pledged her real property to the sureties as security for the bail bond. On October 19, 1992, Nash fled the court’s jurisdiction and the next day an arrest warrant was issued. On November 23, 1992, the bond was ordered forfeited. Nash was reap-prehended on December 15, 1992.

In January of 1993, the government filed a motion for final judgment of forfeiture. Mrs. Nash filed an opposition to the government’s motion and also filed a motion to set…