Is a motion to reveal the identity and location of a confidential informant an abuse of discretion?

Both defendants contend that the district court erred by denying their motions to reveal the identity and location of the confidential informant because the informant's testimony might have been helpful to their defenses on the section 924(c) charges. We review the district court's order for an abuse of discretion. United States v. Staufer, 38 F.3d 1103, 1109 (9th Cir.1994).

The government enjoys the privilege of declining to reveal the identity of its confidential informants, but "[w]here the disclosure of an informer's identity, or of the contents of his communication, is relevant and helpful to the defense of an accused, or is essential to a fair determination of a cause, the privilege must give way." Roviaro v. United States, 353 U.S. 53, 60-61, 77 S.Ct. 623, 628, 1 L.Ed.2d 639 (1957). The district court must consider the competing interests of the defendant for "relevant and helpful" testimony and the public's interest in "protecting the flow of information." Id. at 62, 77 S.Ct. at 628-29. The defendant bears the burden of showing the need for disclosure. "He must show that he has more than a 'mere suspicion' that the informant has information which will prove 'relevant and helpful' or will be essential to a fair trial." United States v. Amador-Galvan, 9 F.3d 1414, 1417 (9th Cir.1993).