DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
192304P.pdf 08/14/2020 United States v. Marlon Iron Crow
U.S. Court of Appeals Case No: 19-2304
U.S. District Court for the District of South Dakota - Rapid City
[PUBLISHED] Erickson, Author, with Kelly and Stras, Circuit Judges]
Criminal case - Criminal law and sentencing. Batson claim rejected; the
district court properly handled defendant's claim the government
intimidated a witness by allowing each side an opportunity to explore the
circumstances of the pre-trial investigation; claim the government
solicited false testimony rejected; claim the government made improper
comments about mens rea and asked leading questions rejected as the
district court as the court addressed the issue by sustaining objections
and giving a forceful curative instruction; in any event, defendant failed
to show how the government's actions made his trial fundamentally unfair;
evidence was sufficient to support defendant's conviction for
second-degree murder; defendant's within-guidelines range sentence was
substantively reasonable.