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021199P.pdf   01/15/2003  United States  v.  Guy White Horse
   U.S. Court of Appeals Case No:  02-1199
   District of South Dakota   
Criminal Case - Aggravated sexual abuse. Court correctly assumed jurisdiction over defendant who is an Indian. There is no plain error in whether defendant was charged under section 1152 or 1153. District court did not abuse its discretion in failing to compel the government to provide forensic report and videotaped interviews because defendant was able to view both. No Speedy Trial Act violation occurred. The district court did not abuse its discretion in holding the Abel Assessment was inadmissable under Rule 702 or in excluding evidence of alleged prosecutorial misconduct. District court's answer to jury question was harmless error. Dissent by Judge Heaney on the sufficiency of the indictment.