121959P.pdf   07/25/2013  United States  v.  Gillman Long
   U.S. Court of Appeals Case No:  12-1959
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Shepherd, Author, with Murphy and Benton, Circuit Judges] 
   Criminal case - Criminal law and sentencing. Applying a plain error 
   analysis and prior precedents, even if it was error for the government to 
   admit defendant's pre-arrest, pre-Miranda "incriminate myself" statement 
   as part of its case in chief, a point the court does not reach, it was not 
   an error that was "clear or obvious under current law," and the district 
   court did not plainly err when it failed to sua sponte strike the 
   questioning agent's testimony or the prosecutor's reference to the 
   statement in her closing argument; nor did the district court plainly err 
   in failing to sua sponte strike the government's closing argument comment 
   about defendant's decision not to testify; claims of ineffective 
   assistance of counsel with regard to these issues should be brought in 
   habeas and would not be considered on direct appeal.