203626P.pdf   04/12/2022  United States  v.  Tyson Keepseagle
   U.S. Court of Appeals Case No:  20-3626
   U.S. District Court for the District of South Dakota - Northern   
   [PUBLISHED] [Smith, Author, with Wollman and Benton, Circuit Judges] 
   Criminal case - Criminal law. After alleging defendant abused a child 
   victim, the government put on evidence of three separate incidents of 
   abuse under that count;under South Dakota law, the government should have 
   either elected one of the incidents or had the court give a unanimity 
   instruction telling the jury they must unanimously agree that defendant 
   committed all acts offered into evidence; the failure to give the 
   unanimity instruction was plain error, and defendant's conviction on that 
   count must be vacated; the evidence was sufficient on the remaining two 
   counts to support defendant's convictions for aggravated child abuse; the 
   district court did not abuse its discretion in denying defendant's motion 
   to continue the trial date after he received information on the eve of 
   trial that one of the government's main witnesses had been accused of 
   child abuse; defendant had the information from his investigator one month 
   prior to trial, was well prepared to address it and failed to identify 
   what admissible evidence he would have entered had the continuance request 
   been granted.