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U.S. v. NEW

No. 06-2726.

491 F.3d 369 (2007)

UNITED STATES of America, Appellee, v. Donovan NEW, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 18, 2007.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Gary G. Colbath, Jr., AFPD, Rapid City, SD.

Counsel who presented argument on behalf of the appellee was Mark E. Salter, AUSA, of Sioux Falls, SD. Appearing on the brief was Kathryn E. Ford, AUSA, Sioux Falls, SD.

Before COLLOTON and GRUENDER, Circuit Judges, and GOLDBERG, Judge.

COLLOTON, Circuit Judge.

A jury convicted Donovan New of two counts of involuntary manslaughter for causing a single-vehicle accident that resulted in the death of his father and cousin. He raises several issues on appeal, and we affirm.

I.

On June 17, 2005, New drove with his father and cousin on Highway 18 near the Pine Ridge Indian Reservation in South Dakota. New and his cousin had been drinking heavily that day. At around 4:00 p.m., the driver...

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