United States v. Public Service Mutual Insurance Company

Second Circuit

United States v. Public Service Mutual Insurance Company

282 F.2d 771, 1960 U.S. App. LEXIS 3677

CourtCourt of Appeals for the Second Circuit

DecidedSeptember 28, 1960

Docket15, Docket 26154

StatusPublished

Cited by13 cases

This text of 282 F.2d 771 (United States v. Public Service Mutual Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Public Service Mutual Insurance Company, 282 F.2d 771, 1960 U.S. App. LEXIS 3677 (2d Cir. 1960).

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Opinion

PER CURIAM.

We affirm in open court the order of the District Court for the Southern District of New York granting the government’s motion under Rule 46(f) (3) of the Federal Rules of Criminal Procedure, 18 U.S.C.A., for entry of judgment against Public Service Mutual Insurance Company upon a forfeiture of a $5,500 bail bond. The bond was for the appearance of Thomas Simmons to answer an indictment charging violation of the narcotic laws. Simmons went to trial on July 13, 1959 before Judge Edelstein and *772 a jury and two days later, when counsel was to sum up, Simmons failed to appear. A further adjournment was taken to the next day and, when Simmons again failed to appear, the trial proceeded and Simmons was found guilty. He was finally apprehended on August 5, 1959 and sentenced to ten years imprisonment.

Even though Simmons’ capture came about through information furnished by the appellant, it seems clear to us that the entry of judgment for the full amount of the bond was well within the discretion of the district court. Smaldone v. United States, 10 Cir., 1954, 211 F.2d 161 and U. S. v. Dudley, 242 F.2d 656 (5 Cir.1957) are readily distinguishable on their facts.

Affirmed.

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PER CURIAM.

We affirm in open court the order of the District Court for the Southern District of New York granting the government’s motion under Rule 46(f) (3) of the Federal Rules of Criminal Procedure, 18 U.S.C.A., for entry of judgment against Public Service Mutual Insurance Company upon a forfeiture of a $5,500 bail bond. The bond was for the appearance of Thomas Simmons to answer an indictment charging violation of the narcotic laws. Simmons went to trial on July 13, 1959 before Judge Edelstein and *772 a jury and two days later, when counsel was to sum up, Simmons failed to appear. A further adjournment was taken to the next day and, when Simmons again failed to appear, the trial proceeded and Simmons was found guilty. He was finally apprehended on August 5, 1959 and sentenced to ten years imprisonment.

Even though Simmons’ capture came about through information furnished by the appellant, it seems clear to us that the entry of judgment for the full amount of the bond was well within the discretion of the district court. Smaldone v. United States, 10 Cir., 1954, 211 F.2d 161 and U. S. v. Dudley, 242 F.2d 656 (5 Cir.1957) are readily distinguishable on their facts.

Affirmed.

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Bluebook (online)

282 F.2d 771, 1960 U.S. App. LEXIS 3677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-public-service-mutual-insurance-company-ca2-1960.

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