United States v. Sylvester Patrick Dubois

LAY, Chief Judge.

The dispositive issue in this appeal is the sufficiency of the evidence to prove that the defendant was intoxicated when a motor vehicle that he was driving struck and killed a pedestrian. The defendant, Sylvester Patrick DuBois, a 40 year old Indian male, was convicted under 18 U.S.C. § 1153 for involuntary manslaughter. 1 We find that the government failed to prove by competent evidence that DuBois was driving while under the influence of intoxicating liquor, an element of the offense, and we vacate the conviction.

The accident occurred at approximately 9:50 p. m. on May 9,…