United States v. Clemente Marquez v. Jean Wilson, Noel Dion, John H. Wimberly and Fred Joe Moreno, Sureties-Appellants

This is an appeal from a judgment of the district court for the District of Colorado denying a motion to vacate a judgment of forfeiture of a bail bond. Appellants were sureties on a bond guaranteeing the appearance of defendant Clemente Marquez. The bond was executed on September 14, 1974 and defendant subsequently appeared for trial and was convicted. The bond was ordered continued by the court pending sentencing but shortly after the conviction defendant was granted a new trial. He failed to appear for the second trial on August 18, 1975 and two weeks later the district court declared the…