United States First Circuit

Suppression order involving information gathered from a confidential informant is reversed where: 1) the court committed clear error in its assessment of defendant's evidentiary assertions; and 2) the court abused its discretion by shifting the burden of proving the informant's existence to the government.

Appellate Information

• Decided 08/22/2006
• Published 08/22/2006

Judges

• LYNCH, Circuit Judge., Before LYNCH and HOWARD, Circuit Judges, and STAFFORD, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michael L. Tabak, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellant.


• For Appellees:
  
• Richard M. Egbert, with whom Patricia A. DeJuneas and Law Offices of Richard M. Egbert, P.C., were on brief, for appellee.