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Name: U.S. v. Holmes
Court: US Court of Appeals
District 9 Cir
Opinion Date: 10/10/2000
Subsequent History: None

In a federal prosecution for armed bank robbery, the trial court did not abuse its discretion in refusing to instruct the jurors under the Ninth Circuit Model Criminal Jury Instruction 4.10.1, that an informant’s testimony should be viewed with caution. The trial court was incorrect in stating that the instruction applies only to those informants who are paid for their testimony, as it also applies to those who have been paid for providing information and those who may expect future benefits, such as those received in this case through the Federal Witness Protection Program. But here a general instruction adequately covered the point by stating that the benefits received by the witness from the government could be considered.