United States v. Heidi Tirado ( 2017 )

FILED
NOT FOR PUBLICATION JAN 23 2017
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-50316
Plaintiff-Appellee, D.C. No. 8:12-cr-00029-JLS
v.
MEMORANDUM*
HEIDI TIRADO,
Real-party-in-interest-
Appellant.
Appeal from the United States District Court
for the Central District of California
Josephine L. Staton, District Judge, Presiding
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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.
2 15-50316