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U.S. v. BARRERA

No. 09-3873.

628 F.3d 1004 (2011)

UNITED STATES of America, Appellee, v. Dominic BARRERA, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 10, 2011.

Attorney(s) appearing for the Case

Dana L. Hanna , argued, Rapid City, SD, for appellant.

Dennis Ray Holmes , AUSA, argued, Sioux Falls, SD, Kevin J. Krull , on the brief, Pierre, SD, for appellee.

Before RILEY, Chief Judge, MELLOY and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Dominic Barrera appeals his conviction for two counts of assault, arguing that two instances of alleged prosecutorial misconduct entitle him to a new trial. We affirm.

I. BACKGROUND

In the early morning of December 6, 2007, Ernest Apodaca, Warren Hunter LaPointe ("Mr. LaPointe"), and Tracy LaPointe ("Ms. LaPointe") — Apodaca's girlfriend and Barrera's former girlfriend — drove to Rosebud, South Dakota, located...

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