192342P.pdf   08/17/2020  United States  v.  Steven Smialek
   U.S. Court of Appeals Case No:  19-2342
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Kobes, Author, with Gruender and Wollman, Circuit Judges] 
   Criminal Case - Conviction. Smialek appeals his conviction for bank 
   robbery. Denial of his motion to suppress his alibi statements, offered 
   before receiving Miranda warnings because he continually cut off the 
   officer, was not error because Smialek's statements were not prompted by 
   interrogation. District court did not abuse its discretion in denying 
   mistrial when jury improperly heard testimony about Smialek's prior bank 
   robbery convictions, as the court gave a curative instruction and there 
   was substantial evidence of guilt. Claim that indictment should have been 
   dismissed because the grand jury heard inaccurate information is reviewed 
   for plain error; the guilty verdict renders any errors in the charging 
   decision not prejudicial and thus not plain error.