042592P.pdf   06/09/2005  United States  v.  William T. Carter
   U.S. Court of Appeals Case No:  04-2592
   District of South Dakota   
   [PUBLISHED] [M. Arnold, Author, with Loken, Chief Judge, and 
   Riley, Circuit Judge] 
   Criminal case - criminal law. Admission of other uncharged instances 
   of sexual abuse of minors under Rules 413 and 414 was not an abuse of 
   the trial court's discretion as the allegations were substantially similar to 
   the charged offenses; any error in admitting extrinsic evidence of prior 
   inconsistent statements was harmless; admission of letter from victim to 
   defendant was not a miscarriage of justice under the plain error doctrine; 
   admission of evidence about the titles and subject matter of pornography 
   seized from defendant was proper as the defendant used such movies as 
   part of his modus operandi with his victims; error in limiting cross- 
   examination of one of the witnesses who testified as to other sexual acts 
   was harmless; incest conviction affirmed; variance between date charged 
   in indictment and date of offense proven was not fatal; prosecutor's 
   closing arguments did not deprive defendant of a fair trial, although 
   calling defendant a deviate and a con man came close to affecting 
   substantial rights and should be avoided; last charged offense came after 
   November 1, 2001, and the district court did not err in applying the 2002 
   edition of the guidelines; no error in imposing enhancement for sexual 
   contact with a victim who was unable to appraise the nature of the 
   conduct because she was under the influence of alcohol and drugs; base 
   offense levels
042592P.pdf   05/20/2005  United States  v.  William T. Carter
   U.S. Court of Appeals Case No:  04-2592
   Eastern District of Missouri   
   Opinion Withdrawn