Free Motion to Exonerate Bond - District Court of Arizona - Arizona

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CHRISTOPHER B. DUPONT SBN#014158
TRAUTMAN DUPONT, PLC

245 West Roosevelt, Suite A Phoenix, Arizona 85003 Tel: 602.344.0038 Fax: 602.344.0043 [email protected] Attorney for Jack Priest UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) )

UNITED STATES OF AMERICA, Plaintiff, vs. KEITH D. PRIEST, Defendant.

CR03-344-PHX-MHM MEMORANDUM OF LAW IN SUPPORT OF BAIL BOND EXONERATION Judge Mary H. Murguia

Comes now Jack Priest, surety for bail bond posted on behalf of Keith D. Priest, by and through undersigned counsel, Christopher B. Dupont, and offers this Memorandum of Law to guide Judicial discretion with respect to his Motion to Set Aside Order Declaring Bond

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Forfeited.
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RESPECTFULLY SUBMITTED this 27th day of February 2007.
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TRAUTMANT DUPONT, PLC
By:______/S/____________________________ Christopher B. Dupont Attorney for Jack Priest (Surety)

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MEMORANDUM OF POINTS AND AUTHORITIES STATEMENT OF FACT Out of his retirement fund, Jack Priest posted a bail bond for $30,000 on behalf of his son, Keith D. Priest, in the above-titled matter. The bond remained in effect and Keith remained

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out of custody through trial and post-sentencing.
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Keith was ordered to present himself to Federal Custody. He did not do so and instead
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filed a Motion to Set Aside. It is not clear whether Keith's failure was willful or whether it was the result of pre-aneurysm symptomology. Shortly after being apprehended, Keith suffered a massive aneurysm and has remained under medical care. The Government filed a Motion to Declare Bail Bond Forfeited along with a Motion for Hearing and Entry of Judgment on Bail Bond Forfeiture. This Court signed an Order Declaring Bail Bond Forfeited, pursuant Federal Rule of Criminal Procedure 46(f)(1). Thereafter, Jack

Priest filed a Response to the Government's Motion for Hearing and Motion to Set Aside Order Declaring Bail Bond Forfeited. STATEMENT OF LAW

The court may set aside in whole or in part a bail forfeiture upon any condition the court may impose if: (A) the surety later surrenders into custody the person released on the surety's appearance bond; or, (B) it appears that justice does not
require bail forfeiture. Federal Rule of Criminal Procedure 46 (f)(2).

"In determining whether or not to grant relief from forfeiture, a court has wide discretion." United States v. Stanley, 601 F.2d 380, 382 (1979) [citations omitted]. An order of forfeiture may be set aside in whole or in part if the interests of justice do not require forfeiture. Courts generally look at several factors to determine whether to set aside forfeited bond:

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1) the defendant's willfulness in breaching the release condition; 2) the sureties participation in apprehending the defendant; 3) the cost, inconvenience and prejudice suffered by the government; 4) mitigating factors; 5) whether the surety is a professional or a member of the family or a friend, and 6) the appropriateness of the amount of the bond. United States v. Amwest Sur. Ins. Co., 54 F.3d 601, 603 (9th Cir. 1995); see also United States v. Minor, 846 F.2d 1184, 1190 (9th Cir. 1988); United States v. Nguyen, 279 F.3d

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1112 (9th Cir. 2002).
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In this case, the surety intends to offer evidence by way of testimony regarding each of the factors listed above. Given compelling reasons, the interests of justice do not require forfeiture of bond posted by Jack Priest in connection with any actions or

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inactions alleged against Keith. And Jack Priest will ask this Court to set aside in whole
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or in part Its order forfeiting bail bond.
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FILED by ECF with copies generated By same this 27th day of February 2007, to: Larry Wszalek, Mark T. Odulio
US Department of Justice Tax Division 2 Renaissance Sq 40 N Central Ave Ste 1200 Phoenix, AZ 85004-4408 602-514-7500 Fax: 602-364-7929

By: C. Dupont

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Case 2:03-cr-00344-MHM

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