Unpublished Disposition, 888 F.2d 130 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 888 F.2d 130 (9th Cir. 1989)

UNITED STATES of America, Plaintiff-Appellee,v.Diane CANDOLI, Defendant-Appellant.

No. 88-5407.

United States Court of Appeals, Ninth Circuit.

Submitted July 25, 1989.* Decided Oct. 11, 1989.

Before BROWNING, KOZINSKI and RYMER, Circuit Judges.


The district court's wide discretion in deciding whether to set aside all or part of a forfeiture is not easily abused. United States v. Minor, 846 F.2d 1184, 1190 (9th Cir. 1988). There was no abuse of discretion here: Defendant's four-month fugitive escapade was willful, even if not the product of a calm, detached thought process; the Government suffered cost and inconvenience as a result; and defendant's emotional distress at the prospect of serving her sentence far from home was not a persuasive mitigating circumstance. Cf. United States v. Abernathy, 757 F.2d 1012, 1016 (9th Cir.) (per curiam), cert. denied, 474 U.S. 854 (1985) (defendants' failure to appear based on fear for their lives held to be insufficient mitigating circumstance).



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3