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Associated Press, Published April 04 2013

ND man awaiting sentencing arrested on new DUI charge

BISMARCK — A North Dakota man awaiting sentencing for involuntary manslaughter in a drunken driving crash that killed an 84-year-old woman has been arrested on a new DUI charge.

Merrill Mann Jr., 37, of New Town, was charged with driving under the influence Wednesday, the Bismarck Tribune reported. His blood alcohol content was 0.167 percent when Bismarck police arrested him on Saturday, according to federal court documents.

Tom Dickson, Mann's attorney, told The Associated Press Thursday that Mann had been working and living in a halfway house but fell off the wagon on Saturday.

"He's an alcoholic, and addiction to alcohol is very difficult to overcome," Dickson said.

Mann faces up to eight years in prison after pleading guilty to causing an April 20 crash on BIA Route 2 west of New Town that killed Roberta Kiwimagi, a passenger in a van that collided with Mann's pickup. Authorities said Mann's blood alcohol content at the time was more than twice the legal limit.

Under the plea agreement in the case, prosecutors agreed to recommend a sentence on the low end of federal sentencing guidelines.

At a federal court hearing on Wednesday, U.S. Magistrate Judge Charles Miller ordered Mann held in jail pending sentencing May 31 for the involuntary manslaughter charge.

Dickson said Mann did not oppose the detention.

Copyright 2013 The Associated Press.