051390P.pdf   09/29/2005  United States  v.  Eric Conroy
   U.S. Court of Appeals Case No:  05-1390
   District of South Dakota   
   [PUBLISHED] [Riley, Author, with Fagg and Gruender, Circuit Judges] 
   Criminal case - criminal law. Brady claim rejected, as the statement 
   not disclosed was not material; government's notice concerning expert 
   witness's testimony was sufficient to comply with Fed. R. Crim. P. 
   16(a)(1)(G); government's expert's testimony concerning reasons why 
   physical evidence might not have been found was not so speculative that 
   its admission was an abuse of the trial court's discretion; district court 
   did not abuse its discretion in permitting the government to rehabilitate its 
   witness with a prior consistent statement; even if the prosecutor's closing 
   argument concerning burden of proof was improper, the comments were 
   so brief that they were not prejudicial, and the court cured any prejudice 
   by sustaining defendant's objection and giving the jury an admonition.