United States v. George Roybal

George Roybal was convicted of one count of conspiracy to violate the narcotics laws. He was tried with several other defendants whose convictions have been affirmed by unpublished memorandum opinion of November 29, 1977. Although this appeal was originally consolidated with the others, we have severed it as the facts compel a different result.

Prior to the trial the defendants moved for discovery orders of a broad nature and the government did not oppose. The record is not as precise as one might wish, but we interpret the judge’s order as granting much of the requests. It is clear from the colloquy at the time of the hearing on the discovery motions, and at the time of trial, that the government should have understood that it was to disclose, in advance of trial, information that it intended to bring out through its informant witnesses.

The government’s case against Roybal depended entirely on the informants’ testimony. A month prior to trial the government learned that one of the informants had made a purchase of narcotics from Roy-bal, a purchase for her own personal use and not one that was part of her purchases in the government’s controlled-buy program. Despite the…