United States v. Ricky Lee Harrington, Thomas Glower Hamilton

FLOYD R. GIBSON, Senior Circuit Judge.

Ricky L. Harrington and Thomas G. Hamilton were indicted for conspiracy to possess with intent to distribute cocaine base in violation of 21 U.S.C. § 846 and knowing and intentional possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841(a)(1). The government appeals the district court’s order compelling disclosure of the confidential informant used by police in securing a search warrant. We vacate and remand.

I. BACKGROUND

From April 1990 to December 1990, law enforcement officials used a confidential informant to make controlled…