United States v. Thomas P. Attson

Attson appeals from his conviction for manslaughter pursuant to 18 U.S.C. §§ 1111 and 1152. Attson unsuccessfully moved in the district court to suppress evidence of a blood alcohol analysis conducted by a government-employed doctor. It is this denial he raises before us. The district court had jurisdiction under 18 U.S.C. § 3231 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

I

In the early morning hours of June 21, 1986, Attson was driving his vehicle on Route 7 near Chinle, Arizona. Attson lost control, drove off the road, and crashed, resulting in the death of one of his passengers. Attson was taken to the Chinle Public Health Service Hospital for emergency medical treatment.

At the hospital, Attson signed a consent form that allowed him to receive emergency medical care. The district court found that in signing this consent form Attson “did not consent to the taking of blood for ;police use,” but did consent to its use for medical purposes. (Emphasis added.) Although Attson did not appear to be seriously hurt, medical personnel detected the scent of alcohol on his breath and Dr. Patel, Attson’s attending physician, reasoned that the…