062726P.pdf   07/18/2007  United States  v.  Donovan New
   U.S. Court of Appeals Case No:  06-2726
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Colloton, Author, with Gruender, Circuit Judge,
   and Goldberg, Judge of the U.S. Court of International Trade]
   Criminal case - Criminal law and sentencing. Defendant was not
   in police custody when he made certain statements at a hospital
   concerning a fatal accident; statements were voluntarily made and
   were admissible; no error in admitting evidence of defendant's two
   prior convictions for driving under the influence as the convictions
   bore on the issue of knowledge of risk of harm; government violated
   the Jencks Act by failing to produce an agent's report, as defendant
   could not show prejudice from the violation; claims of prosecutorial
   misconduct rejected; no error in imposing an adjustment under 
   Guidelines Sec. 3C1.1 for obstruction of justice based on defendant's
   perjury; 144-month sentence for involuntary manslaughter was not
   unreasonable as it was within the applicable Guidelines range and did
   not create disparities among similarly-situated defendants.