What is the effect of the failure to ensure the presence of an informer at trial?

Since this case must be remanded for a new trial, we note that we find no merit in appellants' contention that the Government's failure to ensure the presence of its informer at trial denied them due process of law. While appellants knew the informer's identity, they made no demand at trial for his production. The informant did not participate in any transaction resulting in a substantive count of the indictment. Moreover, appellants concede that the Government did not deliberately deny them access to the informant or withhold information as to his whereabouts. Under these circumstances, the Government was not required to ensure the informant's appearance. Cf. United States v. Prieto-Olivas, 419 F.2d 149, 151 (5th Cir. 1969); United States v. Joseph, 355 F.2d 483 (2d Cir. 1966).

Reversed and remanded for a new trial.