United States v. Leonel Gutierrez, Appeal of Terry D. Cornell

COFFEY, Circuit Judge.

The surety on an appearance bond appeals from an order of the district court denying, without a hearing, his motion to set aside a judgment of forfeiture or, in the alternative, remit the forfeiture. The sole issue on appeal is whether the district court was entitled to rely on the affidavits submitted by the parties or whether it was required to hold an evidentiary hearing on the surety’s motion. We affirm.

Defendant Gutierrez, a Columbian national and licensed pilot, was arrested and subsequently indicted on federal narcotics charges relating to the possession of, and…