Legal Opinion

United States v. James Patrick Ryan, Douglas A. Aabbott and Peerless Insurance Company, Movants-Appellants

Court of Appeals for the Fifth Circuit

Decided September 14, 1978No. 77-3057PublishedCited by 5 opinions

1Per curiam

Peerless Insurance Company (Peerless) posted a $25,000 bail bond (subsequently reduced to $10,000) in the court below so that its principal, James Patrick Ryan, could be released pending his trial on drug charges brought under 21 U.S.C. §§ 844(a), 963 (1976). Ryan pled guilty, and when he failed to appear for sentencing the district judge, in open court, declared a forfeiture of the bail as required by rule 46(e)(1), Fed.R.Crim.P., which provides: “If there is a breach of condition of a bond, the district court shall declare a forfeiture of the bail.” The clerk of the court promptly notified…

2Cases cited1 opinion

  1. Browder v. United StatesCourt of Appeals for the Fifth Circuit · 1948

3Cited by5 opinions

  1. United States v. Vincent Gigante, Andrew Gigante, Sureties-AppellantsCourt of Appeals for the Second Circuit · 1996
  2. United States v. John Joseph Vaccaro, and Bell Bail Bonds, Real-Party-In-Interest-AppellantCourt of Appeals for the Ninth Circuit · 1991
  3. American Druggists Ins. Co., Inc., and John H. Brown v. Joseph I. Bogart, Clerk of the Court, Southern District of FloridaCourt of Appeals for the Eleventh Circuit · 1983
  4. State v. WilliamsSupreme Judicial Court of Maine · 1999
  5. United States v. MoralesDistrict Court, D. Puerto Rico · 1981

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