United States v. Thomas J. Bonilla, United States of America v. Chris Munoz

Bonilla and Munoz appeal their convictions for conspiracy to distribute and the distribution of cocaine in violation of 21 U.S.C. §§ 841 (a)(1), (b), and 846. Bonilla asserts reversible error in the Government’s failure to produce a confidential informant in advance of trial, and in the Government’s closing argument, which, he contends, included a comment upon his failure to testify. Munoz charges that the district court committed reversible error by admitting into evidence his statements to a Government agent after the Government represented that all such statements had been turned over to him, and by admitting telephone records over his objection based on relevancy. Munoz further insists that there was insufficient evidence to support his conviction.

We find the appellant’s contentions to be without merit and, accordingly, affirm the judgments.

Although Bonilla was entitled to learn the informant’s identity, because the informant was a percipient witness to the criminal transaction underlying his conviction, see Roviaro v. United States, 353 U.S. 53 , 77 S.Ct. 623 , 1 L.Ed.2d 639 (1957); Lopez-Hernandez v. United States, 394 F.2d 820 (9th Cir. 1968), he was not entitled to…