Cleveland Burgess v. United States

SPOTTSWOOD W. ROBINSON, III, Circuit Judge

(concurring):

I join unreservedly in Parts I, II and III of Judge FAHY’S learned opinion. I agree, too, with the result reached in Part IV, and with much of the supporting reasoning; more specifically, I share three of the main Part IV conclusions unqualifiedly. Assuming his amenability to a subpoena, the uncalled informer, *236as a special agent for the Government in the criminal transactions alleged, was, I think, “peculiarly” available to the Government within the purview of the missing witness rule.1 Moreover, the informer’s testimony, it seems clear,…