United States v. Lonsdale

JAMES LAWRENCE KING, District Judge.

This appeal confronts us with a troubling question, pertinent to the functions of every trial court in this circuit: whether an ordinary surety bond may be extended by the trial court, without express consent of surety, to guarantee the presence of defendant for execution of sentence after the defendant’s appeal has been denied and a mandate has been returned. Despite Second Circuit authority to the contrary, we believe that the district court overstepped its authority in extending the surety’s obligation to the appellate process without first obtaining…