213005P.pdf   06/14/2022  United States  v.  Robert Dowty, Sr.
   U.S. Court of Appeals Case No:  21-3005
   U.S. District Court for the District of South Dakota - Western   
   [PUBLISHED] [Erickson, Author, with Gruender and Benton, Circuit Judges] 
   Criminal case - Criminal law and sentencing. In this prosecution for 
   aggravated sexual abuse of a minor, the district court did not err in 
   admitting testimony concerning prior incidents of molestation of other 
   girls; the district court did not err in refusing to permit defendant to 
   ask the victim's grandmother whether she had told the treating physician 
   that she did not believe the assault had occurred because this testimony 
   had no bearing on the victim's character for truthfulness and it was 
   nothing more than a conclusory statement made without any knowledge of the 
   incident or the details of the victim's allegations; there is no 
   indication that defendant's substantial rights were affected by a single 
   incident of a person in the gallery shaking his or her head during 
   defendant's cross-examination; the district court promptly addressed the 
   matter and defendant raised no questions or objections at the time of the 
   incident; the evidence was more than enough evidence to support 
   defendant's conviction; the district court did not err in applying an 
   enhancement under Guidelines Sec. 4B1.5(b)(1) for a pattern of activity; 
   the victim testified that defendant had touched her several years earlier, 
   and that evidence was sufficient to support application of the 
   enhancement.