Legal Opinion
United States v. Banks
District Court, S.D. California
Decided November 13, 1985No. Crim. 83-1041-JLIPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM DECISION
GORDON THOMPSON, Jr., Chief Judge.
This case requires the Court to determine the scope of a surety’s contractual obligations under a bail bond contract, a contract interpretation issue of great interest to criminal defendants, sureties, and the government.
I
Mike Tellez Banks was arrested and taken into custody on November 4, 1983 as he crossed the International Border at San Ysidro with heroin concealed in his 1972 Oldsmobile. At his initial appearance on November 7, 1983, Magistrate Curtis McKee set a cash or corporate surety bond in the amount of $100,000. On November 10,…
2Cases cited18 opinions
- United States of America, and v. Larry Kenneth Gonware, Glenn Holmes Bail Bond AgencyCourt of Appeals for the Ninth Circuit · 1969
- United States v. Thomas Miller, Resolute Insurance CompanyCourt of Appeals for the Fifth Circuit · 1976
- United States v. PlechnerCourt of Appeals for the Ninth Circuit · 1978
- United States v. Humberto Martinez, Surety Insurance Company and Cal Rynerson, In79-1189. Appeal of Allegheny Mutual Casualty Co., in 79-2696Court of Appeals for the Third Circuit · 1980
- United States v. Clemente Marquez v. Jean Wilson, Noel Dion, John H. Wimberly and Fred Joe Moreno, Sureties-AppellantsCourt of Appeals for the Tenth Circuit · 1977
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3Cited by1 opinion
- United States v. Diego Toro Adriana Toro, and Ralph T. Powell, Maria L. Powell, Sureties, Real Parties in InterestCourt of Appeals for the Ninth Circuit · 1992