143789P.pdf   03/07/2016  United States  v.  Mario M. Contreras
   U.S. Court of Appeals Case No:  14-3789
   U.S. District Court for the District of South Dakota - Aberdeen   
   [PUBLISHED] [Smith, Author, with Riley, Chief Judge, and Shepherd, Circuit 
   Judge] 
   Criminal case - Criminal law and sentencing. The evidence was sufficient 
   to support defendant's convictions for second degree murder and assault 
   resulting in serious bodily injury; no error in denying defendant's motion 
   for new trial based on claim of prejudicial pretrial publicity as he 
   failed to show the publicity was so extensive and corrupting that the 
   court should presume prejudice or that the voir dire testimony of any 
   juror demonstrated actual prejudice; additionally, the court gave the jury 
   a cautionary instruction to disregard any information other than the 
   evidence; evidentiary challenges rejected; the court did not clearly err 
   in finding defendant was competent; 360-month sentence for the murder of 
   defendant's two-year-old daughter was within the statutory range and did 
   not violate the Eighth Amendment; nor was the sentence substantively 
   unreasonable.