Hoskins

United States v. Hoskins

Good Law
164 F. App'x 602
United States Court of Appeals for the Ninth CircuitJanuary 24, 2006No. 05-30138California1,155 words

Opinion

Lead Opinion

*604 MEMORANDUM **

Shane Douglas Hoskins appeals his jury-conviction for various crimes arising out of a methamphetamine conspiracy. We affirm.

Hoskins first claims that the district court abused its discretion in refusing to disclose the identity of one of the government’s confidential informants. The district court was required, under Roviaro v. United States 1 and United States v. Amador-Galvan, to determine whether Hoskins demonstrated a need for disclosure based on more than a “ ‘mere suspicion’ ” that the informant’s information will “prove ‘relevant and helpful’ ” or “essential to a fair trial.” 2 If he met that burden, the court would have to balance the public interest in encouraging citizens to inform the government about criminal activity against the accused’s right to prepare his defense. 3 Here, Hoskins made no such demonstration sufficient to establish abuse of discretion. The informant in this case never informed on Hoskins. At most, the informant might have provided impeaching testimony against Tina Gibson, an adverse witness. But Gibson admitted all of the information that Hoskins claimed he wanted. To the degree that Hoskins speculates that the informant may…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.