041613P.pdf   06/06/2005  United States  v.  Benjamin Chipps, Sr.
   U.S. Court of Appeals Case No:  04-1613
   District of South Dakota   
   Criminal case - criminal law. Exigent circumstances justified seizure of 
   bloody sweatshirt, as did the plain view doctrine; search warrant was 
   supported by probable cause; admission of statements did not violate 
   Miranda; jurisdictional challenge to warrant rejected; given the 
   uninterrupted nature of defendant's attack on the victim, the jury could 
   only legally convict him on one of the two simple assault counts charged, 
   and one of the convictions must be reversed; multiplicitous counts, 
   however, did not taint the jury's deliberation as to all of the charges, and 
   a retrial is not required; evidence that defendant fled was admissible; 
   cross-examination concerning an affair with the victim's girlfriend was 
   relevant to motive and was admissible; applying Pirani's plain error 
   analysis, defendant was not entitled to Booker relief as he could not 
   demonstrate a reasonable probability that the district court would have 
   imposed a lesser sentence under an advisory sentencing scheme. 
   [PUBLISHED][M. Arnold, Author, with Beam and Riley, Circuit 
   Judge]