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153647P.pdf   12/02/2016  United States  v.  Charles James Jones
   U.S. Court of Appeals Case No:  15-3647
   U.S. District Court for the District of Minnesota - St. Paul   
[PUBLISHED] [Murphy, Author, with Gruender and Shepherd, Circuit Judges] Criminal case - Criminal law and sentencing. Standard for review for the district court's decision to strictly limit defendant's fire investigator's testimony to the opinions he provided in his final report disclosure under Fed. R. Crim. P. 16(b)(1)(C) is whether the decision was an abuse of discretion; the district court did not abuse its discretion by excluding the expert's proposed testimony about deficiencies in the government expert's investigation and his cognitive bias as these matters were not disclosed in the final report as required by the Rule; no error in denying defendant's motion to suppress statements he made to police officers while they were investigating an on-going fire, as the statements were either admissible under the public safety exception to Miranda or were not statements that would have a significant impact on the jury verdict; the court could not say that defendant's statements were not voluntary even though he had been intoxicated by a prescription drug; officer's request for a clarification of a voluntarily-made statement was not an interrogation; defendant's unprovoked and spontaneous statement at the station house was admissible; no error in finding the drugged, sleeping victim was a vulnerable victim for purposes of the application of Guidelines Sec. 3A1.1(b)(1)