213138P.pdf   08/03/2022  United States  v.  Frank Sanchez
   U.S. Court of Appeals Case No:  21-3138
   U.S. District Court for the District of South Dakota - Southern   
   [PUBLISHED] [Erickson, Author, with Stras and Kobes, Circuit Judges] 
   Criminal case - Criminal law and Sentencing. The government sufficiently 
   proved that the crime in question occurred in Indian Country on the 
   Yankton Sioux Reservation; no error in admitting prior acts of child 
   molestation and sexual assault under Rules 413 and 414 as the evidence was 
   highly probative of defendant's propensity to molest young girls; even 
   though one of the incidents occurred more than 35 years ago, it was not an 
   abuse of the district court's discretion to admit the evidence as it bore 
   a striking resemblance to the charged conduct and this court has 
   consistently rejected a time-limit on prior child molestation evidence; 
   the district court limited any prejudice by giving limiting instructions; 
   under this court's binding precedents, a district court may consider 
   acquitted conduct at sentencing without violating a defendant's Fifth and 
   Sixth Amendment rights.