United States v. Carlton E. Bryant, United States of America v. William E. Turner

These cases are back in this court following a remand proceeding ordered in United States v. Bryant, 142 U.S.App. D.C. 132, 439 F.2d 642 (1971). The proceeding concerned the circumstances under which a tape recording of a narcotics transaction was “lost” by an agent of the Bureau of Narcotics and Dangerous Drugs. In Bryant, supra, we held that the tape was discoverable under the Jencks Act, Rule 16 of the Federal Rules of Criminal Procedure, and the due process clause of the Constitution. We announced that, in the future, federal investigatory agencies must promulgate and rigorously enforce…