122062P.pdf   04/16/2013  United States  v.  Michael Seibel
   U.S. Court of Appeals Case No:  12-2062
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Wollman, Author, with Bye and Benton, Circuit Judges]
   Criminal case - Criminal law. District court properly excluded evidence
   of prior sexual abuse of the victims under Rule 403; district court's
   decision to admit negative test results of the victim's bedding, but
   exclude evidence that another individual's semen was found, was neither
   arbitrary nor disproportionate to the purpose Rule 412 was designed to
   serve, and the ruling was not error; claim that the district court erred
   in refusing to admit defendant's evidence that the victims had acquired
   sexual knowledge from others was not preserved for review; evidence was
   sufficient to support defendant's convictions for two counts of sexually
   abusing minors; district court did not err in denying defendant's motion
   for new trial based on a recantation by one victim on the grounds the
   recantation was not credible and was instigated by defendant and his wife.