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131657P.pdf   03/12/2014  United States  v.  Patrick Brown Thunder
   U.S. Court of Appeals Case No:  13-1657
   U.S. District Court for the District of South Dakota - Pierre   
[PUBLISHED] [Gruender, Author, with Bright and Melloy, Circuit Judges] Criminal case - Criminal law. The district court did not err in rejecting defendant's proposed instructions outlining three defense theories as the instructions given to the jury covered the reasonable doubt and credibility issues raised in the proposed instructions and he was allowed to argue the theories in his closing argument; evidence was sufficient to support defendant's conviction for sexual abuse of a person incapable on consenting; evidence was sufficient to show the crime occurred in Indian country; district court did not abuse its discretion by excluding evidence of a second man's sex abuse conviction as defendant failed to present any evidence that the man had access to the victim and an opportunity to commit the offense.