United States Eighth Circuit

Conviction and sentence for involuntary manslaughter for defendant's causing a single-vehicle accident that resulted in the death of his father and cousin are affirmed over the following claims: 1) statements made during an interview in a hospital room should have been suppressed due to a Miranda violation; 2) the district court erred in allowing the admission of two prior convictions for DUI; 3) the district court erred by declining to order production of an agent's case report after he testified; 4) two instances of prosecutorial misconduct warranted reversal; 5) the advisory guideline range for his sentence was erroneously calculated; and 6) the sentence was unreasonable.

Appellate Information

• Decided 07/18/2007
• Published 07/18/2007

Judges

• COLLOTON, Circuit Judge., Before COLLOTON and GRUENDER, Circuit Judges, and GOLDBERG, Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Gary G. Colbath, Jr., AFPD, Rapid City, SD.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Mark E. Salter, AUSA, of Sioux Falls, SD. Appearing on the brief was Kathryn E. Ford, AUSA, Sioux Falls, SD.