191723P.pdf   07/27/2020  United States  v.  Danny Ferguson
   U.S. Court of Appeals Case No:  19-1723
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Shepherd, Author, with Smith, Chief Judge, and Melloy, 
   Circuit Judges] 
   Criminal case - Criminal law. Defendant was not in custody at the time he 
   took a polygraph test and made post-polygraph incriminating statements; 
   among other factors to be considered on the issue, defendant was aware of 
   his right to leave the exam and exam room and twice exercised his right to 
   leave; as defendant was not in custody, he was not entitled to the Miranda 
   protections of the right to remain silent and the right to counsel; the 
   district court did not err in finding defendant's statements were 
   voluntary; evidence was sufficient to support defendant's arson 
   conviction; as the statute specifically criminalizes attempted arson, 
   defendant's argument that there was no evidence the structure actually 
   ignited is rejected.