United States v. Traynor

SANFORD, District Judge.

1. I am of the opinion that under Rev. St. § 1020, re-enacting Act Feb. 28, 1839, c. 36, § 6, 5 Stat. 322 (U. S. Comp. St. 1901, p. 719), the court has authority in its discretion to remit the whole or any part of the penalty of a recognizance in a criminal case forfeited by breach of condition, even although the term has expired at which a final judgment was taken on the forfeited recognizance under a writ of scire facias. While it is true that, gen*115erally speaking, all filial judgments of a court pass beyond its control, unless steps be taken to set aside, modify, .or…