152786P.pdf   09/14/2016  United States  v.  Donald Clark Luger
   U.S. Court of Appeals Case No:  15-2786
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Kelly, Author, with Riley, Chief Judge, and Colloton, Circuit 
   Judge] 
   Criminal case - Criminal law. The district court did not abuse its 
   discretion in denying defendant's motion in limine to exclude evidence of 
   sexual assaults he committed on other minors even though the assaults were 
   committed more than 25 years prior to trial; like the current assaults, 
   the earlier assaults were made on victims of similar ages and under 
   similar circumstances, involved members of defendant's extended family and 
   occurred while defendant was in control of the minors; any possible error 
   in granting the government's motion for reconsideration of the court's 
   ruling disqualifying the North Dakota U.S. Attorney's Office from 
   participation in the case was harmless as the motion was not made until 
   after trial and the Office's participation in defendant's sentencing 
   proceeding was not prejudicial in light of the fact that defendant 
   received a below-guidelines sentence and does not request resentencing; 
   the court did not err in denying defendant's motion for a new trial based 
   on newly-discovered evidence indicating the name of the U.S. Attorney, who 
   had a conflict, appeared in the signature block of some pleadings; based 
   on the district court's specific finding that the U.S. Attorney had been 
   adequately screened from substantial involvement in the case, defendant 
   has not show that the district court abused its discretion by denying his 
   motion for new trial. Judge Colloton, concurring in the judgment.