163483P.pdf   06/29/2017  United States  v.  Denny Johnson, Sr.
   U.S. Court of Appeals Case No:  16-3483
   U.S. District Court for the District of South Dakota - Aberdeen   
   [PUBLISHED] [Shepherd, Author, with Wollman and Colloton, Circuit Judges] 
   Criminal case - Criminal law and sentencing. The district court did not 
   err in admitting testimony from a licensed social worker on domestic 
   violence models without a Duabert hearing as her testimony rested on a 
   reliable foundation; the testimony was admissible under Rule 702 based on 
   the district court's determination that the information would be helpful 
   to the jury in understanding the evidence; further, the testimony did not 
   mislead the jury, confuse the issues or otherwise unfairly prejudice 
   defendant, and it was properly admitted under Rule 403; no error in 
   admitting the victim's testimony concerning defendant's prior tribal court 
   convictions involving assaults against her; the evidence was material as 
   to intent and was similar in kind to the crimes charged; further, the 
   victim's testimony by itself was sufficient to support a finding that 
   defendant committed the conduct underlying his prior convictions; nor was 
   the evidence introduced solely to show defendant's propensity to commit 
   crimes; evidence that the victim had previously assaulted defendant was 
   properly excluded under Rule 404(b); any error in admitting a written 
   statement the victim gave police after she escaped from defendant was 
   harmless; no error in imposing sentencing enhancements for obstruction of 
   justice based on defendant's threat during the incident that he would kill 
   the victim if she sought to contact the police or get help, as there is no 
   authority which limits the obstruction-of-justice enhancement to conduct 
   occurring after the completed offense, and defendant's threats were 
   precisely what the Guidelines contemplate as an attempt to prevent the 
   victim from reporting the crime; no error in imposing a vulnerable victim 
   enhancement.