191282P.pdf   08/17/2020  United States  v.  Frank Gallardo
   U.S. Court of Appeals Case No:  19-1282
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Kobes, Author, with Erickson and Grasz, Circuit Judges] 
   Criminal Case - conviction. Evidence was sufficient from victim to sustain 
   conviction for two counts of abusive sexual contact involving a child less 
   than twelve years old. District court did not abuse its discretion in 
   admitting testimony of forensic interviewer, even though victim testified 
   to some details and government failed to file notice. Even if admission 
   was an abuse of discretion, any error was harmless; jury instruction 
   relating to intent was not erroneous; failure to grant mistrial based on 
   presence of visitors in the courtroom wearing biker vests saying "Bikers 
   Against Child Abuse", was not error because no motion was filed, no juror 
   indicated they had seen the regalia, and the error was not plain. 
   Remaining claims (waiver of speedy trial, refusal to testify) concern 
   claims of ineffective assistance of counsel which are best raised on 
   collateral review. Claim that indictment was defective is without merit.