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 1999-10

United States v. Polasek ( 1999 )


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  •                       UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 98-20857
Summary Calendar
_____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOYCE E. POLASEK,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Southern District of Texas
(H-96-CR-0261-1)
_________________________________________________________________
October 12, 1999
Before SMITH, BARKSDALE, and DeMOSS, Circuit Judges.
PER CURIAM:*
Joyce E. Polasek appeals the district court’s judgment of bond
forfeiture     and   denial   of   her   petition   for   remission   of   bond
forfeiture.      She maintains that the district court abused its
discretion by forfeiting her $50,000 appearance bond, because the
Government represented at her sentencing hearing that it was
seeking forfeiture of only the $7,500 cash securing her bond, the
Government failed to demonstrate any loss or expense incurred in
connection with her admitted violation of the conditions of her
release (she committed another criminal offense while released on
bond), and the amount of the forfeiture was punitive and excessive.
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
Pursuant to our review of the record, there is no reversible
error.   The court did not abuse its discretion by forfeiting the
bond.    See United States v. Cervantes,
    672 F.2d 460
    , 461-63 (5th
Cir. 1982).   Polasek has not demonstrated plain error with respect
to her contention, raised for the first time on appeal, that the
forfeiture constituted an excessive fine in violation of the
Excessive Fines Clause of the Eighth Amendment.   See United States
v. Calverley,
    37 F.3d 160
    , 162-64 (5th Cir. 1994) (en banc), cert.
denied,
    513 U.S. 1196 
    (1995); Highlands Ins. Co. v. National Union
Fire Ins. Co.,
    27 F.3d 1027
    , 1031-32 (5th Cir. 1994), cert. denied,
    513 U.S. 1112 
    (1995).
AFFIRMED
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