Noriega-Sarabia

United States v. Noriega-Sarabia

Good Law
116 F.3d 417·97 Daily Journal DAR 952·1997 WL 342914·1997 U.S. App. LEXIS 15053·97 Cal. Daily Op. Serv. 4861
United States Court of Appeals for the Ninth CircuitJune 24, 1997No. 96-50394California2,473 words

Opinion

Lead Opinion

Fernandez, J.

Dolores Roque agreed to act as surety on a bail bond for Maria de los Angeles Garcia-Salazar, who was prosecuted in this action as Bertha Noriega-Sarabia. When Garcia, failed to appear for sentencing after she had pled guilty, the district court entered “Judgment on Default” on the bail bond. In so doing, the district court rejected Ms. Roque’s claims that technical defects in the execution of the bond or changes after it was signed invalidated it. This appeal followed. We affirm.

BACKGROUND

Ms. Roque agreed that she would act as a surety on a bail bond for Garcia, a person who was neither a friend nor a relative. Garcia was charged with narcotics offenses— conspiracy to possess cocaine with the intent to distribute it and actual possession with intent to distribute it. Bail was set at $100,-000.‘ Ms. Roque signed an “Appearance Bond,” which obligated her in that amount. She also signed an “Affidavit of Sureties” which indicated that she had a net worth of $60,000 contained in the equity in her home, and she signed a deed of trust on her home to secure the $100,000 bond. She did not *419 sign a “Justification of Sureties” form which appeared on the reverse side of the Appearance…

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