United States v. Rex Vernon Shelton, Public Service Mutual Ins. Co.

Fifth Circuit

United States v. Rex Vernon Shelton, Public Service Mutual Ins. Co.

444 F.2d 522, 1971 U.S. App. LEXIS 9527

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 16, 1971

Docket71-1190

StatusPublished

Cited by1 cases

This text of 444 F.2d 522 (United States v. Rex Vernon Shelton, Public Service Mutual Ins. Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Rex Vernon Shelton, Public Service Mutual Ins. Co., 444 F.2d 522, 1971 U.S. App. LEXIS 9527 (5th Cir. 1971).

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Opinion

PER CURIAM:

Public Service Mutual Insurance Co., a bail bond company, unsuccessfully sought remission of a bail bond forfeiture from the district court. The company was surety for defendant Rex Shelton, who failed to appear for sentencing in the United States District Court for the Southern District of Florida in April 1969. The district court allowed the surety six months’ grace during which to return the defendant without forfeiture of bail. The company was unsuccessful in its efforts. When the six months’ grace period ended in October 1969 the district court ordered the company to forfeit the bail. The F.B.I. eventually returned the defendant from Hawaii in July 1970. In September 1970, the bonding company sought remission of the forfeiture under F.R.Crim.Proc. 46(f) (4). The district judge denied the request for remission.

The decision of the district judge was clearly within his discretion. Smith v. United States, 5 Cir. 1966, 357 F.2d 486. The judgment below is affirmed.

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PER CURIAM:

Public Service Mutual Insurance Co., a bail bond company, unsuccessfully sought remission of a bail bond forfeiture from the district court. The company was surety for defendant Rex Shelton, who failed to appear for sentencing in the United States District Court for the Southern District of Florida in April 1969. The district court allowed the surety six months’ grace during which to return the defendant without forfeiture of bail. The company was unsuccessful in its efforts. When the six months’ grace period ended in October 1969 the district court ordered the company to forfeit the bail. The F.B.I. eventually returned the defendant from Hawaii in July 1970. In September 1970, the bonding company sought remission of the forfeiture under F.R.Crim.Proc. 46(f) (4). The district judge denied the request for remission.

The decision of the district judge was clearly within his discretion. Smith v. United States, 5 Cir. 1966, 357 F.2d 486. The judgment below is affirmed.

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444 F.2d 522, 1971 U.S. App. LEXIS 9527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rex-vernon-shelton-public-service-mutual-ins-co-ca5-1971.

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