Government Informant…The Man Of The Hour.

The informant formerly belonged to a group who perpetrated home invasions. The group dressed in law enforcement uniforms and used a stolen law enforcement battering ram to break down locked front doors. He informed on his associates and received a lighter sentence. Less than a month after his release, the informant was caught stealing, and offered to disclose evidence about new home invasions. A sting operation followed, and a defendant was arrested. The defendant contended his conviction for conspiracy to possess with intent to distribute cocaine and possession of a firearm should be reversed because the government engaged in outrageous conduct. The Ninth Circuit affirmed, stating: “Indeed, it was precisely because of his past experience as a criminal that [the informant] was useful to the ATF in its efforts to minimize the risks inherent in apprehending groups who were engaging in home invasions. We do not require the government to enlist a person with no criminal experience to help with the apprehension of a group of hardened criminals.” (United States of America v. Hullaby (Ninth Cir.; December 4, 2013) 736 F.3d 1260.)