221647P.pdf   03/28/2023  United States  v.  Jonathan Rooney
   U.S. Court of Appeals Case No:  22-1647
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Erickson, Author, with Benton and Kelly, Circuit Judges] 
   Criminal case - Criminal law and Sentencing. The two interrogations of 
   defendant were not close enough in time to constitute a single, indistinct 
   interrogation formally punctuated by Miranda warnings in the middle; thus 
   the admissibility of defendant's post-Miranda statement is governed by 
   Oregon v. Elstad, 470 U.S. 298 (1985) rather than Missouri v. Siebert, 542 
   U.S. 600 (2004); considering the totality of the circumstances, the 
   district court did not err in determining that defendant's Miranda waiver 
   was knowingly and voluntarily made and that certain of his statements to 
   the police were admissible; the evidence was sufficient to support 
   defendant's convictions for manslaughter and obstruction of justice 
   through the destruction of evidence; the district court's statements at 
   sentencing concerning defendant's state of mind when he committed the 
   offenses were supported by the record and did not, in any event, serve as 
   a principal basis for defendant's sentence; defendant's sentence was not 
   substantively unreasonable. Judge Kelly, dissenting.