072606P.pdf   08/26/2008  United States  v.  Paul Herron
   U.S. Court of Appeals Case No:  07-2606
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Shepherd, Author, with Riley and Gruender, Circuit Judges]
   Criminal case - criminal law and sentencing. In prosecution for assault
   with dangerous weapon, defendant was not entitled to an instruction on
   the assault by beating, striking or wounding as that is not a lesser-
   included offense of assault with a dangerous weapon; no error in
   admitting testimony from victim concerning his prior contact with
   defendant which helped to establish motive and intent for the attack;
   district court did not abuse its discretion in denying defendant's motion
   for a mistrial based on the possibility that jurors might have consulted
   outside sources while in recess for the evening as the allegation was
   unsupported by anything other than conjecture; no error in denying
   reduction for acceptance of responsibility; no error in imposing a fine of
   $7,500.