United States v. Gary Lee Spires

Gary Spires appeals the district court’s denial of his motions to suppress evidence and disclose the identity of the government’s confidential informant. Because the district court erred in not holding an in camera hearing on the disclosure motion, we reverse that denial and direct that such a hearing be held. We also remand to permit Spires to withdraw his plea pursuant to Fed.R.Crim.P. 11(a)(2).

I. Facts and Proceedings

In mid March 1990, a confidential informant contacted a Corona (California) Police Department detective and stated that Gary Lee Spires and others possessed and sold methamphetamine and marijuana in a local residence. The detective watched the house, in which Spires resided, for a week and confirmed that narcotics trafficking was taking place. He obtained a search warrant for the residence (and for Spires’ person) that he, along with several other officers, executed. Spires was not home at the time, although his roommate was. Because Spires’ bedroom door was locked, the officers forced it open. They found three machine guns, two rifles with sawed-off barrels, a loaded pistol, five unloaded pistols, an assault rifle, and three shotguns, one loaded and…