United States v. Jesus Galvez-Uriarte, Bert F. Sparacino, D.B.A., Bert's Bail Bonds, Real Party in Interest-Appellant

BOOCHEVER, Circuit Judge:

Sparacino, a bail bondsman, appeals from an order denying his motion to set aside a bail bond forfeiture. We reverse, in part, because the United States increased the risk of the bail bondsman without notice and consent.

Jesus Galvez-Uriarte was charged with violations of federal narcotics laws. He was released pending trial when Sparacino, as agent for Allied Fidelity Insurance Company, filed a $75,000 corporate surety bond. The bond provided that Galvez could not leave California without permission of the court.

Galvez is a citizen of Mexico. When he was released from…