United States v. Franklin Eugene Kelly

After a trial by jury, appellant Kelly was found guilty under 21 U.S.C. § 174 of conspiracy to import heroin and of knowingly concealing and facilitating the transportation and concealment of heroin. In his appeal he contends that the court erred in failing to require disclosure of the identity of the government’s informant. We affirm.

In September, 1970, the United States Customs Office received information from a reliable informant that a large quantity of heroin would be brought across the border by an identified individual at a particular time. Pursuant to their information, Customs officers followed the individual to a bus terminal bathroom, where they observed him tying a package to the back of a toilet. A Customs officer observed the individual then recross the border into Mexico.

One Eskenazi later made the pick-up. He thereupon took a cab to Oscar’s restaurant where he met appellant Kelly. Defendant and Eskenazi were arrested while attempting to leave in a cab. Heroin was found in Eskenazi’s possession.

The district court denied appellant’s motion to disclose the informant’s identity. Appellant finds error in that denial. He argues the identity is relevant in that the…