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UNITED STATES v. GODKINS

No. 75-2068.

527 F.2d 1321 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth GODKINS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 3, 1976.

Attorney(s) appearing for the Case

Colbert N. Coldwell, El Paso, Tex. (Court appointed), for defendant-appellant.

John E. Clark, U. S. Atty., San Antonio, Tex., William B. Hardie, Jr., Ronald E. Ederer, Asst. U. S. Attys., El Paso, Tex., for plaintiff-appellee.

Before TUTTLE, GODBOLD and GEE, Circuit Judges:

TUTTLE, Circuit Judge:

This case involves the right of a criminal defendant to call as a witness at trial an alleged government informer whose identity is already known to the defendant. Because we believe that the district court misinterpreted the scope of the confidential informant's privilege originally announced by the Supreme Court in Roviaro v. United States, 353 U.S. 53, 77 S.Ct. 623, 1 L.Ed.2d 639 (1957), we reverse the...

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