041202P.pdf   07/12/2005  United States  v.  Bernard J. Drapeau
   U.S. Court of Appeals Case No:  04-1202
   District of South Dakota   
   [PUBLISHED] [ Colloton, Author, with Lay and Gruender, Circuit 
   Judges] 
   Criminal case - criminal law. Defendant's unprompted offer of 
   cooperation was an effective reversal of his previously expressed desire 
   not to talk, and his statements were admissible; evidence of other drug 
   sales was admissible under Rule 404(b); district court did not abuse its 
   discretion in excluding evidence that a witness was related to law 
   enforcement personnel; evidence was sufficient to support drug 
   conviction; 1868 Fort Laramie Treaty did not deprive the United States of 
   jurisdiction to bring this prosecution; defendant preserved his Sixth 
   Amendment objection to the use of a mandatory guidelines scheme, and 
   the case is remanded for resentencing under Booker. Judge Lay, 
   Concurring in part and Dissenting in part.