DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

101283P.pdf   02/22/2011  United States  v.  Allen Shillingstad
   U.S. Court of Appeals Case No:  10-1283
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Colloton, Author, with Smith and Shepherd, Circuit Judges]
Criminal case - criminal law and sentencing. District court did not err in admitting evidence of defendant's prior tribal convictions for assaulting the victim pursuant to Rule 404(b) as the close similarity of the incidents made the evidence especially probative on the question of defendant's intent and the absence of accident, and the district court gave proper limiting instructions; any error in permitting the government to question a defense witness, defendant's mother, about his prior offenses against her was harmless as it did not have a substantial influence on the verdict; no error in refusing to admit a paramedic's testimony as to a prior inconsistent by the victim as she was unable to recall the statement because of the facts that she had consumed alcohol and had suffered a significant trauma; district court did not abuse its discretion or commit a procedural error when it departed upward from criminal history category I to category III.