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United States v. Tirado

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 23, 2017
No. 15-50316 (9th Cir. Jan. 23, 2017)

Opinion

No. 15-50316

01-23-2017

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. HEIDI TIRADO, Real-party-in-interest-Appellant.


NOT FOR PUBLICATION

D.C. No. 8:12-cr-00029-JLS MEMORANDUM Appeal from the United States District Court for the Central District of California
Josephine L. Staton, District Judge, Presiding Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Heidi Tirado ("Appellant") appeals pro se from the district court's order granting the government's motion for forfeiture of Pedro Alejandro Tirado's $50,000 appearance bond and entering judgment against Appellant as surety for the full amount of the bond. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Appellant contends that the district court erred by entering a $50,000 judgment against her as surety. The district court did not abuse its discretion in declining to set aside the bond forfeiture. See United States v. Nguyen, 279 F.3d 1112, 1115 (9th Cir. 2002). Contrary to Appellant's contention, the record shows that Appellant was adequately advised of the consequences of signing the Affidavit of Surety. Moreover, the district court applied the correct legal standard and properly weighed the relevant factors. See id. at 1115-17 (discussing factors a district court is to consider when ruling on a bond forfeiture motion). Finally, we reject Appellant's arguments that she was an inadequate surety or that her assets were inadequate to support the bond. See United States v. Noriega-Sarabia, 116 F.3d 417, 419 (9th Cir. 1997) (rejecting the argument that a bond is inadequate because the surety's "net worth was not up to the amount of the bond").

AFFIRMED.


Summaries of

United States v. Tirado

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 23, 2017
No. 15-50316 (9th Cir. Jan. 23, 2017)
Case details for

United States v. Tirado

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. HEIDI TIRADO…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jan 23, 2017

Citations

No. 15-50316 (9th Cir. Jan. 23, 2017)