United States v. Tyrell Vincent Thin Elk

MELLOY, Circuit Judge.

Tyrell Vincent Thin Elk (“Thin Elk”) drove while intoxicated and caused a head-on collision with another vehicle seriously injuring seventy-six year old Russell Koeh-ler and his seventy-four year old wife, Doris Koehler. Mrs. Koehler eventually died from her injuries. Thin Elk pled guilty to assault resulting in serious bodily injury regarding the injuries to Mr. Koeh-ler and involuntary manslaughter regarding the death of Mrs. Koehler. The district court 1 assessed the severity of injury to Mr. Koehler as a “permanent or life threatening bodily injury” that called for a…