United States v. Jimmie Toombs

AINSWORTH, Circuit Judge:

Appellant Jimmie Toombs and codefendant Lewis Knight (“Slim”) were indicted for conspiring to distribute and distributing 1.05 grams of heroin, in violation of 21 U.S.C. §§ 846 and 841(a)(1). Knight entered a plea of guilty and subsequently testified on behalf of the Government. A jury found Toombs guilty as charged and he was sentenced on each count to ten years’ imprisonment, the sentences to run consecutively.

On February 20, 1973, prior to the empanelling of a jury, defense counsel filed a motion to compel disclosure of an alleged informant (known as “James”). In a…