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082399P.pdf   07/16/2009  United States  v.  Jason Pumpkin Seed
   U.S. Court of Appeals Case No:  08-2399
   U.S. District Court for the District of South Dakota   
   [PUBLISHED][Gruender, Author, with Bye and John R. Gibs on, Circuit Judges]
   Criminal Case - conviction. Following conviction for aggravated sexual
   abuse and attempted aggravated sexual abuse, district court did not erred
   in denying motion to dismiss the indictment for alleged government
   misconduct because jury's guilty verdict rendered any error harmless. 
   District court did not abuse its discretion in excluding certain evidence
   under Fed. R. Evid. 412(b)(1)(A), as the court conducted the required
   balancing and properly found admission would violated Rule 403.
   Exclusion under Rule 412(b)(1)(C) was not arbitrary or disproportionate
   to the purposes served by the exclusion. District court did not abuse its
   discretion in including jury instruction on attempted aggravated sexual
   abuse.