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

043871P.pdf   04/03/2006  United States  v.  Mark High Elk
   U.S. Court of Appeals Case No:  04-3871
                          and No:  04-3937
   District of South Dakota   
   [PUBLISHED] [Gruender, Author, with Murphy, pursuant to 8th Cir. R. 47E]
   Criminal Case - conviction. Double jeopardy claim of conviction for
   assault resulting in serious bodily injury and simple assault was not first
   raised in the district court and may not raised on appeal. District court
   did not abuse its discretion in admitting rebuttal testimony because it was
   well within the scope of evidence presented in case-in-chief. No Bruton
   v. United States violation occurred because defendants testified and had
   opportunity to cross-examine witness during case-in-chief. District court
   correctly made factual findings for application of enhancement because
   court applied guidelines in advisory manner; court properly considered
   acquitted conduct.