United States v. Noe Ervey Garcia, International Fidelity Insurance Company, Surety-Appellant

In August 1982, Noe Ervey Garcia was arrested pursuant to a federal grand jury indictment charging him with possession of marijuana with intent to distribute it (21 U.S.C. §§ 841(a), 846). He was released from custody after posting a $100,000 appearance bond on which appellant, International Fidelity Insurance Company (“International”), acted as surety.

When Garcia failed to appear at a pretrial conference on November 30, 1982, the district court ordered that an arrest warrant issue and that the bond be revoked. The court also ordered that an evidentiary hearing be set for the following day to…