222969P.pdf   10/04/2023  United States  v.  Jade LaRoche
   U.S. Court of Appeals Case No:  22-2969
   U.S. District Court for the District of South Dakota - Central   
   [PUBLISHED] [Loken, Author, with Erickson and Kobes, Circuit Judges] 
   Criminal case - Criminal law and Sentencing. Considering the circumstances 
   of the conversation defendant had with a law enforcement officer before he 
   fled from the officer, the defendant was not in custody for purposes of 
   determining whether his statements were admissible; the questions the 
   officer asked concerning the existence of a warrant were asked to clarify 
   the situation and give defendant an opportunity to provide an explanation 
   that might avoid the need for an arrest; defendant's statements were made 
   voluntarily, and the district court did not err in determining defendant's 
   statements were admissible; the evidence was sufficient to support a 
   guilty verdict on the charge of forcible assault of a federal officer 
   involving physical contact in violation of 18 U.S.C. Sec. 111(a)(1); the 
   district court did not err in admitting defendant's four prior convictions 
   for assault of law enforcement officers, as the evidence went to intent; 
   the district court did not err in imposing a two-level increase to 
   defendant's offense level under Guidelines Sec. 2A2.4(b)(2) based on 
   bodily injury to the officer.