054332P.pdf   08/17/2006  United States  v.  Robert Raymond Tail
   U.S. Court of Appeals Case No:  05-4332
   District of South Dakota   
   [PUBLISHED] [Colloton, Author, with Arnold and Lay, Circuit Judges]
   Criminal Case - conviction. District court properly denied motion to
   suppress statements made while in transport to courthouse that, while
   custodial, were not while under interrogation. Admission of evidence of
   state rape conviction was not an abuse of discretion under Rule 413(d)(2),
   as it did not constitute unfair prejudice and court issued a limiting
   instruction. Exclusion of Hepatitis B evidence of victim was proper as it
   did not rebut evidence of recent alternative sources of injury and was not
   sufficiently probative to be admissible. Exclusion of evidence of victims'
   prior false allegations of abuse was not an abuse of discretion because
   evidence was not false, was minimally probative, and did not raise
   Confrontation Clause issues. Convictions for sexual abuse and sexual
   abuse of a minor does not violate Double Jeopardy.