DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

041529P.pdf   08/25/2005  United States  v.  Robert Lee Chauncey
   U.S. Court of Appeals Case No:  04-1529
   District of South Dakota   
   [PUBLISHED] [Colloton, Author, with Lay and Gruender, Circuit 
   Judges] 
   Criminal Case - criminal law. Probable cause existed to arrest defendant 
   driving car where car was stopped for expired licence, officer smelled 
   marijuana odor, and officer observed drugs and paraphernalia. Sufficient 
   evidence was presented to support constructive possession of marijuana. 
   The district court did not abuse its discretion in allowing use of prior 
   conviction for impeachment purposes under Rule 609 or in denying 
   mistrial after witness volunteered statement. 100-month sentence was not 
   grossly disproportionate based on serious criminal history. Involuntary 
   manslaughter conviction resulting from driving while intoxicated was 
   crime of violence. Sentence under mandatory guidelines was not plain 
   error and sentenced was not unreasonable. Judge Lay dissents on 
   sentencing issue.