United States v. Alvarez, No. 72-2706.
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
| Writing for the Court | CHAMBERS and KILKENNY, Circuit , and TAYLOR |
| Citation | 472 F.2d 111 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Aurelio Salomon ALVAREZ, Defendant-Appellant. |
| Decision Date | 20 February 1973 |
| Docket Number | No. 72-2706. |
472 F.2d 111 (1973)
UNITED STATES of America, Plaintiff-Appellee,
v.
Aurelio Salomon ALVAREZ, Defendant-Appellant.
No. 72-2706.
United States Court of Appeals, Ninth Circuit.
January 10, 1973.
Rehearing Denied February 20, 1973.
Charles M. Sevilla (argued), Federal Defenders, Inc., San Diego, Cal., for defendant-appellant.
James Meyers, Asst. U. S. Atty. (argued), Shelby R. Gott, Asst. U. S. Atty. (argued), Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.
Before CHAMBERS and KILKENNY, Circuit Judges, and TAYLOR,* District Judge.
KILKENNY, Circuit Judge:
After waiver of a jury trial, appellant was convicted of illegal importation of heroin 21 U.S.C. §§ 952, 960 and 963 and of illegal possession of the same substance in violation of 21 U.S.C. § 841(a) (1).
FACTS
No useful purpose would be served by reciting in detail the factual background. It is sufficient to say that appellant is a Mexican National, living and working in the United States. His testimony indicated that he went to Tijuana, Mexico, to see a friend who promised a loan. After parking his automobile, he says he walked several blocks to the restaurant of his friend, where, after a lengthy conversation, the loan was transacted. He then visited a girl friend and returned to his automobile. In the meantime, back at the border, the customs agents received a tip from a long time informant that a vehicle matching the description of appellant's would have heroin in it. When appellant crossed the border, the vehicle was stopped and searched. Four and one-half ounces of heroin were concealed in the right fore post of the automobile.
ISSUES
(1) Did the trial court err in refusing to require the government to reveal the identity of the informant?
(2) Did the trial court err in rejecting the offer of polygraph evidence which favored the appellant?
(1) In the hearing on the motion to reveal the identity of the informant, the special agent of the Treasury Department testified, among other things: (1) that he received information that a vehicle matching appellant's would be proceeding into the United States with contraband; (2) that this information was received from a person with whom he had many prior dealings; (3) that the information was by telephone, but that he did not know whether the informant was on the American or Mexican side of the border; (4) that the person was not a salaried employee of the United States, but did receive rewards from time to time for the information furnished; (5) to his knowledge, the informant did not have prior convictions, either state or federal; (6) that two telephone calls were received, one describing a white Dodge or Plymouth bearing a specific California license occupied by a...
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Brown v. Darcy, No. 83-6440
...States v. Watts, 502 F.2d 726, 728 (9th Cir.1974); United States v. Bagsby, 489 F.2d 725, 726-27 (9th Cir.1973); United States v. Alvarez, 472 F.2d 111, 113 (9th Cir.), cert. denied, 412 U.S. 921, 93 S.Ct. 2742, 37 L.Ed.2d 148 (1973); United States v. Jenkins, 470 F.2d 1061, 1064 (9th Cir.1......
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United States v. Marshall, No. 74-2070.
...these competing interests, however, the burden of proof is on the defendant to show need for the disclosure. United States v. Alvarez, 472 F.2d 111, 113 (9th Cir.), cert. denied, 412 U.S. 921, 93 S.Ct. 2742, 37 L.Ed.2d 148 (1973); United States v. Kelly, 449 F.2d 329, 330 (9th Cir. Marshall......
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U.S. v. House, No. 79-1001
...as a "tipster," the trial court did not need to require disclosure of the identity of the informant, E. g. United States v. Alvarez, 472 F.2d 111 (9th Cir.), Cert. denied, 412 U.S. 921, 93 S.Ct. 2742, 37 L.Ed.2d 148 (1973), or personally interview the Next, appellant argues that the trial c......
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U.S. v. Marshall, No. 74-3038
...need for disclosure. See, e. g., United States v. Marshall, No. 74-2070, 526 F.2d 1349, 1359 (9th Cir. 1975); United States v. Alvarez, 472 F.2d 111, 113 (9th Cir.), cert. denied, 412 U.S. 921, 93 S.Ct. 2742, 37 L.Ed.2d 148 (1973); United States v. Estrada, 441 F.2d 873, 879 (9th Cir. 1971)......
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Brown v. Darcy, No. 83-6440
...States v. Watts, 502 F.2d 726, 728 (9th Cir.1974); United States v. Bagsby, 489 F.2d 725, 726-27 (9th Cir.1973); United States v. Alvarez, 472 F.2d 111, 113 (9th Cir.), cert. denied, 412 U.S. 921, 93 S.Ct. 2742, 37 L.Ed.2d 148 (1973); United States v. Jenkins, 470 F.2d 1061, 1064 (9th Cir.1......
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United States v. Marshall, No. 74-2070.
...these competing interests, however, the burden of proof is on the defendant to show need for the disclosure. United States v. Alvarez, 472 F.2d 111, 113 (9th Cir.), cert. denied, 412 U.S. 921, 93 S.Ct. 2742, 37 L.Ed.2d 148 (1973); United States v. Kelly, 449 F.2d 329, 330 (9th Cir. Marshall......
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U.S. v. House, No. 79-1001
...as a "tipster," the trial court did not need to require disclosure of the identity of the informant, E. g. United States v. Alvarez, 472 F.2d 111 (9th Cir.), Cert. denied, 412 U.S. 921, 93 S.Ct. 2742, 37 L.Ed.2d 148 (1973), or personally interview the Next, appellant argues that the trial c......
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U.S. v. Marshall, No. 74-3038
...need for disclosure. See, e. g., United States v. Marshall, No. 74-2070, 526 F.2d 1349, 1359 (9th Cir. 1975); United States v. Alvarez, 472 F.2d 111, 113 (9th Cir.), cert. denied, 412 U.S. 921, 93 S.Ct. 2742, 37 L.Ed.2d 148 (1973); United States v. Estrada, 441 F.2d 873, 879 (9th Cir. 1971)......