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Henry (D) was arrested and indicted for armed bank robbery. An FBI agent approached Nichols, a cellmate of D's, and told him to be alert to any statements made by D, but not to initiate any conversation with him, or to question him concerning the robbery. Nichols reported that D told him about the robbery. Nichols was paid for the information. D was convicted based on Nichol's testimony. D appealed; his right to counsel was violated. The court of appeals reversed. The Supreme Court granted certiorari.

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