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UNITED STATES v. KELLY

No. 71-2283.

449 F.2d 329 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Franklin Eugene KELLY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 6, 1971.

Attorney(s) appearing for the Case

John N. Politis (argued), San Diego, Cal., for defendant-appellant.

Howard Frank, Asst. U. S. Atty., (argued), Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before WEICK, CARTER and TRASK, Circuit Judges.

JAMES N. 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...

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