Legal Opinion · Dissent

United States v. Sureties Tracy Nguyen Khanh Bui, Claimants-Appellants v. Vinh Huu Nguyen

Court of Appeals for the Ninth Circuit

Decided February 8, 2002No. 00-55795Published

1DissentKleinfeld, Circuit Judge

I agree that forfeiture was mandatory. The district court did not abuse its discretion in denying the motion to remit the forfeiture in its entirety. I disagree, though, on remission in part. There was no good reason to forfeit the entire amount of the bond. The district court did not give any reason at all for why the whole bond, not just part, should have been forfeited. The district court focused entirely on whether there should be a forfeiture, not on how much. Failure to remit in part was an abuse of discretion.

The $100,000 in security was probably designed to cover the expense of…

2Cases cited10 opinions

  1. United States v. Amwest Surety Insurance Company Tito's Bail BondsCourt of Appeals for the Ninth Circuit · 1995
  2. United States v. Earl Gilbert Kirkman, United States of America v. G. G. Shaw and W. E. DraperCourt of Appeals for the Fourth Circuit · 1970
  3. United States v. John Joseph Vaccaro, and Rochelle Bell, Doing Business as Bell Bail Bonds, Real Party in Interest-AppellantCourt of Appeals for the Ninth Circuit · 1995
  4. United States v. Donald Ray Abernathy, Daniel David AbernathyCourt of Appeals for the Ninth Circuit · 1985
  5. Appearance Bond Surety v. United StatesCourt of Appeals for the Eighth Circuit · 1980

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