Does the federal district court err in refusing to dismiss the indictment after the government failed to locate the informant?

MultiRegion, United States of America

The following excerpt is from U.S. v. Maroun, 930 F.2d 30 (9th Cir. 1991):

Nor did the district court err in refusing to dismiss the indictment after the government failed to locate the informant. The government is not a guarantor of the presence of an informant at trial. The government must use reasonable efforts to produce a government informant whose presence has been properly requested. United States v. Hart, 546 F.2d 798, 803 (9th Cir.1976) (en banc), cert. denied, sub nom. Robles v. United States, 429 U.S. 1120 (1977). The district court's determination that the government exerted reasonable efforts to produce an informant may not be reversed unless clearly erroneous. Id. at 803.

In the present case, the government was not as diligent as it might have

Page 30

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