US v. Seed, No. 08-2399

Conviction for aggravated sexual abuse and attempted aggravated sexual abuse is affirmed where: 1) the district court did not err in denying a motion to dismiss the indictment for alleged government misconduct as the jury's guilty verdict rendered any error harmless; 2) the court did not abuse its discretion in excluding certain evidence under Fed. R. Evid. 412(b)(1)(A), as the court conducted the required  balancing and properly found admission would violated Rule 403; 3) the exclusion of evidence under Rule 412(b)(1)(C) was not arbitrary or disproportionate to the purposes served by the exclusion; and 4) the court did not abuse its discretion in including a jury instruction on the lesser-included offense of attempted aggravated sexual abuse.    

Read US v. Seed, No. 08-2399

Appellate Information
Appeal from the United States District Court for the District of South Dakota.
Submitted: February 10, 2009
Filed: July 16, 2009

Judges
Before BYE, JOHN R. GIBSON and GRUENDER, Circuit Judges.
Opinion by GRUENDER, Chief Judge.