Knighton

MEMORANDUM **

Janet Parker appeals the district court’s denial of her motion for an order setting aside the forfeiture of her property. Parker’s property was forfeited after she had secured bail for her son-in-law, who violated his bond agreement. We have jurisdie *732 tion under 28 U.S.C. § 1291 , and we affirm the district court’s decision. The parties are familiar with the factual and procedural history of the case; therefore, we will not recount it here.

We review the district court’s decision whether to set aside or remit a forfeiture under an abuse of discretion standard. United States v. Amwest Surety Ins. Co., 54 F.3d 601, 602 (9th Cir.1995). “A district court abuses its discretion when it acts arbitrarily or capriciously.” United States v. Frias-Ramirez, 670 F.2d 849, 852 (9th Cir.1982). The burden is on the surety to illustrate an abuse. Id. at 852 .

Rule 46(e) of Fed.R.Crim.P. explains that “[if] there is a breach of condition of a bond, the district court shall declare a forfeiture of the bail.” However, Rules 46(e)(2) and (e)(4) allow the court discretion in determining whether to set aside or remit all or part of the bail “if it appears that justice will not be…