041837P.pdf   07/11/2005  United States  v.  Tyler Water
   U.S. Court of Appeals Case No:  04-1837
                          and No:  04-1934
   District of South Dakota   
   [PUBLISHED] [Smith, Author, with Lay and Benton, Circuit Judges] 
   Criminal case - criminal law. Evidence was sufficient to support 
   conviction for second-degree murder, as the evidence was sufficient to 
   support a finding that defendant's handling of the gun in question was 
   reckless, wanton and a gross deviation from a reasonable standard of 
   care; hearsay statement was admissible under the excited utterance 
   exception; district court was within its discretion in finding defendant 
   qualified for an acceptance-of-responsibility reduction even though he 
   took the case to trial; defendant's actions in hiding the murder weapon 
   supported an enhancement for obstruction of justice; while the district 
   court erred in finding the facts supporting the enhancement, applying 
   Pirani's plain error analysis, defendant was not entitled to Booker relief.