061273P.pdf   05/02/2007  United States  v.  Shan Wei Yu
   U.S. Court of Appeals Case No:  06-1273
   District of North Dakota - Fargo   
   [PUBLISHED] [Murphy, Author, with Wollman and John R. Gibson,
   Circuit Judges]
   Criminal case - Criminal law and sentencing. The district court did not
   err in failing to order a competency hearing sua sponte, as the mere fact
   that defendant was taking certain prescription drugs did not require a
   hearing; district court did not err in finding defendant's statements to
   authorities were voluntary and admissible; because defendant was the
   first to call attention to a potential witness's failure to testify, it 
   was not improper for the government to make a closing argument that 
   defendant could have subpoenaed her; use of the phrase "red herring" was 
   not improper closing argument; district court did not err in imposing an
   upward departure and increasing defendant's sentence based on the
   number of illegal aliens transported in his scheme; sentence was not
   unreasonable.