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181138P.pdf   02/20/2019  United States  v.  Chavez Spotted Horse
   U.S. Court of Appeals Case No:  18-1138
   U.S. District Court for the District of South Dakota - Aberdeen   
[PUBLISHED] [Erickson, Author, with Loken, Circuit Judges, and Magnuson, District Judge] Criminal Case - conviction. On appeal from conviction for child abuse and assault with a dangerous weapon, district court did not abuse its discretion in defining "dangerous weapon" in jury instructions, as it fairly tracked the statute requiring intent to do bodily harm, not serious bodily harm, and, in any event, any error was harmless; district court properly denied the instruction on the reasonable use of disciplinary force by a guardian as a defense because no reasonable jury could have found that this use of force was "reasonable in manner and moderate in degree." The district did not err in excluding testimony nor abuse its discretion by denying a motion for mistrial following the district court's revision of in limine order.