United States v. Allen K. Smith

Smith was convicted of conspiracy to manufacture and conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. He appeals, raising three questions. First he claims that the district court erred in recessing for the day in the middle of his cross-examination of the government’s informant. He next characterizes the government’s conduct during the investigation of the case as so outrageous as to violate his due process rights. Finally, he contends that the government’s postarrest conduct requires reversal. We affirm.

I. Recess During Cross-Examination

During the cross-examination of the informant witness, who was obviously a key to the government’s case, the district judge recessed until the following morning. At that time, the informant had been on the stand for three hours; the examination continued for one hour the next day. Smith believes that he was on the threshold of destroying the informant’s credibility and that the recess allowed the government to counsel with the witness and to prepare him for the final period of the cross-examination.

The recess was called at 4:30 p. m. There is no explanation in the record for this other than…