U.S. v. Villegas

In prosecution on Hobbs Act robbery charge that involved planning of bank robbery by defendant and govt. informant, Dist. Ct. did not err in failing to give missing witness instruction with respect to govt.'s failure to call informant as witness. Said instruction was inappropriate where record showed that informant was physically available to both parties, and where informant was no longer paid govt. informant at time of trial and had expressed anger at govt.'s continued detention of him until conclusion of trial. Defendant also failed to show how informant's testimony would have been helpful to defendant, and failure to give said instruction was not otherwise reversible error where defendant was able to argue to jury significance of govt.'s failure to call informant as witness.