U.S. v. PEREZ

No. 02-1060.

299 F.3d 1 (2002)

UNITED STATES of America, Appellee, v. Juan PEREZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 7, 2002.


Attorney(s) appearing for the Case

Michael J. Iacopino and Brennan, Caron, Lenehan & Iacopino on brief for appellant.

Thomas P. Colantuono, United States Attorney, and Mark E. Howard, Assistant United States Attorney, on brief for appellee.

Before SELYA, Circuit Judge, COFFIN and CYR, Senior Circuit Judges.


SELYA, Circuit Judge.

This appeal raises an interesting question about a defendant's entitlement to a "missing witness" instruction with respect to a confidential informant (CI) whose testimony the government elected not to present at trial. We uphold the district court's refusal to give the requested instruction, and, consequently, affirm the judgment of conviction.

This case has its roots in an investigation that targeted two suspected drug dealers, "Tony...

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