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U.S. v. Yazdi

United States Court of Appeals, Ninth Circuit
Apr 11, 2003
61 F. App'x 400 (9th Cir. 2003)

Opinion


61 Fed.Appx. 400 (9th Cir. 2003) UNITED STATES of America, Plaintiff--Appellee, v. Hania YAZDI, Defendant--Appellant, and Hoshang Moghaddam, Defendant. No. 01-50388. D.C. No. CR-95-00130-AHS. United States Court of Appeals, Ninth Circuit. April 11, 2003

Argued and Submitted April 8, 2003.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Central District of California, Alicemarie H. Stotler, District Judge, Presiding.

Before SCHROEDER, Chief Judge, and THOMPSON and GRABER, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Petitioner Hania Yazdi appeals the district court's order granting in part and denying in part her motion to set aside, amend, or remit a bond forfeiture judgment on a townhouse. We affirm.

1. Petitioner first argues that the Government waived its ability to foreclose on or sell the townhouse. We decline to reach this argument because it is raised for the first time on appeal. See Scott v. Ross, 140 F.3d 1275, 1283 (9th Cir.1998) (noting that this court ordinarily will not consider an issue that was not preserved below).

2. Petitioner also argues that the district court abused its discretion in refusing

Page 401.

to remit the judgment. See United States v. Amwest Sur. Ins. Co., 54 F.3d 601, 602 (9th Cir.1995) (describing standard of review). The district court considered Amwest in concluding that it would not exercise its discretion in Petitioner's favor under Federal Rule of Criminal Procedure 46(e)(4) (2002) (renumbered as Fed.R.Crim.P. 46(f)(4) (2003)). In our view the court did not abuse its discretion. We note, among other factors, that Petitioner had constructive notice of the defendant's deed of trust, which was recorded several months before the townhouse was transferred to her, that the amount of the bond was appropriate, and that the defendant willfully breached a condition of his release.

AFFIRMED.


Summaries of

U.S. v. Yazdi

United States Court of Appeals, Ninth Circuit
Apr 11, 2003
61 F. App'x 400 (9th Cir. 2003)
Case details for

U.S. v. Yazdi

Case Details

Full title:UNITED STATES of America, Plaintiff--Appellee, v. Hania YAZDI…

Court:United States Court of Appeals, Ninth Circuit

Date published: Apr 11, 2003

Citations

61 F. App'x 400 (9th Cir. 2003)