UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
REX VERNON SHELTON, DEFENDANT, PUBLIC SERVICE MUTUAL INS. CO., APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
REX VERNON SHELTON, DEFENDANT, PUBLIC SERVICE MUTUAL INS. CO., APPELLANT
444 F.2d 522
Court of Appeals for the Fifth Circuit (1971)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM:
Public Service Mutual Insurance Co., a bail bond company, unsuccessfully sought remission of a bail bond forfeiture from the district court. The company was surety for defendant Rex Shelton, who failed to appear for sentencing in the United States District Court for the Southern District of Florida in April 1969. The district court allowed the surety six months’ grace during which to return the defendant without forfeiture of bail. The company was unsuccessful in its efforts. When the six months’ grace period ended in October 1969 the district court ordered the company to forfeit the bail. The F.B.I. eventually returned the defendant from Hawaii in July 1970. In September 1970, the bonding company sought remission of the forfeiture under F.R.Crim.Proc. 46(f) (4). The district judge denied the request for remission.
The decision of the district judge was clearly within his discretion. Smith v. United States, 5 Cir. 1966, 357 F. 2d 486. The judgment below is affirmed.
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Citator
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United States v. Skipper, 633 F.2d 1177 (5th Cir. 1981)
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United States v. Bass, 573 F.2d 258 (5th Cir. 1978)
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United States v. Heniz Jurgen Hesse, 576 F.2d 1110 (5th Cir. 1978)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Smith v. United States, 357 F.2d 486 (5th Cir. 1966)