United States v. John Henry Long

This is an appeal from a conviction under an indictment charging Defendant-Appellant John Henry Long with two sales of cocaine in violation of 21 U.S.C. § 841 (a)(1). We affirm.

1. Appellant’s principal contention is that the trial court erred in quashing a subpoena served upon the government’s informant.

The government provided appellant with the name of the informant but not his whereabouts. Appellant subpoenaed the informant pursuant to Federal Rules of Criminal Procedure 17(b). The informant was served while in the United States Attorney’s office to be interviewed by appellant’s counsel. The government sought to quash the subpoena asserting that the informant was (1) ill, (2) in fear for his life, (3) involved in other investigations that might be revealed if he testified at trial, and, in any event, (4) not possessed of information that would assist appellant. The government asked the court to interview the informant in camera pursuant to United States v. Rawlinson, 487 F.2d 5 (9th Cir. 1973), to determine if his testimony would be relevant to the defense. The court asked appellant’s counsel why he needed the informant’s testimony. Appellant’s counsel told the…