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153665P.pdf   08/05/2016  United States  v.  Ervin St. Claire
   U.S. Court of Appeals Case No:  15-3665
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Shepherd, Author, with Murphy and Bright, Circuit Judges] 
   Criminal Case - conviction and sentence. The district court did not abuse 
   its discretion in allowing a fourth witness, with whom St. Claire had not 
   been charged with assaulting, to testify under Rule 414 about defendant's 
   abuse; fact that testimony was cumulative does not substantially outweigh 
   its probative value, as it was probative of the consistency of the abuse 
   and showed defendant's propensity. Life sentence was within the guidelines 
   range and the court did not abuse its discretion in imposing a life 
   sentence.