United States v. Alvin G. Sharp

The issue in this appeal is whether the district court properly dismissed the government’s indictment, prior to trial, for the government’s failure to comply with an order to produce an alleged informer. The disclosure order was based upon unsworn assertions of defense counsel that the alleged informer’s identity was relevant and helpful to the defense of entrapment which counsel represented would be relied upon at trial. We hold that the district court’s orders were premature and accordingly REVERSE.

I

On June 30, 1983, a federal grand jury returned a three-count indictment against Alvin G.…