152239P.pdf   12/09/2016  United States  v.  Luis Olivares
   U.S. Court of Appeals Case No:  15-2239
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Kelly, Author, with Riley, Chief Judge, and Colloton, Circuit 
   Judge] 
   Criminal case - Criminal law and sentencing. Claims that the district 
   court denied defendant access to discovery and that the government 
   improperly selectively preserved evidence by saving only inculpatory 
   materials rejected; the district court carefully protected defendant's 
   right to access adequate resources, including discovery files, exhibits 
   and the Internet, to prepare his own defense; defendant failed to preserve 
   his Youngblood argument concerning preservation of materials by failing to 
   raise the issue in the district court and by failing to present any 
   evidence of bad faith; the district court did not err by failing to sua 
   sponte order a reevaluation of defendant's competency to proceed as there 
   was no discernible difference in defendant's behavior or mental state 
   between the court's finding of competency and the start of the trial eight 
   months later; the court did not abuse its discretion by not ordering 
   another competency evaluation or hearing when defendant sought to 
   represent himself at trial and did not violate his Sixth Amendment by 
   permitting him to proceed pro se with standby counsel; Section 851 notice 
   was timely and there was no evidence that the government acted in bad 
   faith with respect to its decision as to when the file the notice; there 
   was no evidence defendant was incompetent during the five-year period for 
   challenging the convictions used to support the Section 851 notice.