U.S. v. Tavarez

In prosecution on drug distribution charges, Dist. Ct. did not err in failing to grant defendant's request for issuance of missing witness instruction even though confidential informant, who advised law enforcement officer that defendant was selling drugs and participated in two controlled drug purchases involving defendant, could not be located prior to trial. Said instruction was not proper where defendant failed to show that confidential informant was peculiarly in control of govt., and record otherwise showed that both defendant and govt. had made unsuccessful attempts to locate confidential informant.