United States v. Earl Gilbert Kirkman, United States of America v. G. G. Shaw and W. E. Draper

CRAVEN, Circuit Judge.

E. G. Kirkman, as principal, and G. G. Shaw and W. E. Draper, as sureties, appeal from the district court’s order denying their motions to set aside, or remit, the forfeiture of Kirkman’s $25,000 criminal court appearance bond. See Fed.R.Crim.P. 46(f) (2) and (4). We reverse as to Shaw and Draper and vacate and remand with instructions as to Kirkman.

Kirkman was charged with knowingly receiving and possessing goods stolen from interstate shipment in violation of 18 U.S.C. § 659 (1964), as amended (Supp. IV 1965-68). On March 28, 1968, subsequent to his arrest, Kirkman, as…