Marco Antonio Lopez-Hernandez v. United States

Appellant was charged with the violation of 21 U.S.C. § 174 in having fraudulently and knowingly imported a quantity of heroin into the United States from Mexico. He appeals from a judgment of conviction entered after trial to a jury in the District Court. We reverse.

Appellant alleges that the District Court committed prejudicial error in refusing to require the Government to reveal the identity of an informant. Additionally, appellant urges that the evidence was insufficient to support his conviction.

On June 19, 1966, six United States Customs Agents and Arizona State Officers secreted themselves near a point on the International Boundary near No-gales, Arizona. Shortly thereafter, Customs Agent Washington, accompanied by the unidentified informant, arrived at the scene. There the two met with appellant. There was testimony that appellant asked Washington “if he had the money,” whereupon Washington led the appellant to Washington’s parked vehicle and showed him $5,000 in cash. Appellant then crossed the border into Mexico, conferred with a companion, and returned to the spot where Washington waited. Washington testified that appellant then produced a small rubber…