United States v. John Moore

OPINION OF THE COURT

GANEY, Circuit Judge.

Appellant appeals from his conviction of unlawfully acquiring, concealing and transferring marihuana on two separate occasions in violation of 26 U.S.C. §§ 4744(a) (1), 4744(a) (2) and 4742(a), respectively.

He claims he was denied due process of law when the government paid a known narcotics user to inform on him and then made no systematic effort to insure his availability at trial, even though the informer was an eye witness to the alleged crime. At the trial a special undercover narcotics agent testified that in response to a telephone call from a…