Hayes

MEMORANDUM **

I. Background

Rodney Hayes was convicted of one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). On appeal he challenges the search of his residence and the refusal of the district court to allow Hayes to attend a hearing involving the testimony of a confidential informant.

In March, 1999, DEA agent Daniel Comeaux executed a search warrant for Rodney Hayes’ residence. Although the agents were searching for drugs, their search revealed a handgun, which Hayes, as a felon, could not legally possess. Hayes now challenges that warrant.

The warrant was based in part upon information received from two confidential informants, Informant A and Informant B. 1 The search warrant affidavit alleged the following facts. Informant A told Agent Comeaux that he could purchase drugs from Informant B, who in turn received drugs from Hayes. Agent Comeaux set up two controlled drug purchases. In the first, Informant A called Informant B to set up a drug purchase. A and B met, and A later informed police that B used his cell phone to contact Hayes during the meeting. After the meeting, surveillance agents watched B travel to Hayes’ house and…