United States v. Carl John Manthei

VAN SÍCKLE, Senior District Judge.

The government has appealed an order of the district court dismissing an indictment. The dismissal was ordered because the government delayed disclosure of an informer’s tape recorded conversations.' The trial judge had previously found the tape was discoverable under Fed.R.Crim.P. 16(a)(1)(A) (applicable in 1990).

We reverse.

I. BACKGROUND

On April 3, 1991 Carl Manthei was charged in a two count indictment which alleged that Manthei had knowingly and intentionally distributed a controlled substance to a fellow United States postal employee on two occasions.…