United States v. Franklin Eugene Kelly

JAMES M. CARTER, Circuit Judge.

After a trial by jury, appellant Kelly was found guilty under 21 U.S.C. § 174 of conspiracy to import heroin and of knowingly concealing and facilitating the transportation and concealment of heroin. In his appeal he contends that the court erred in failing to require disclosure of the identity of the government’s informant. We affirm.

In September, 1970, the United States Customs Office received information from a reliable informant that a large quantity of heroin would be brought across the border by an identified individual at a particular time. Pursuant to…