_____________ No. 96-3078SD _____________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the District * of South Dakota. Barry Douglas Stead, also * known as Barry D. Snead, also * [UNPUBLISHED] known as Garitano, also known * as Horelio Garitano, * * Appellant. * _____________ Submitted: February 13, 1997 Filed: March 6, 1997 _____________ Before McMILLIAN, JOHN R. GIBSON, and FAGG, Circuit Judges. _____________ PER CURIAM. Barry Douglas Stead challenges the sufficiency of the evidence to support his convictions for second-degree murder and assaulting a federal officer. Contrary to Stead’s view, the record contains strong evidence of Stead’s guilt. Essentially, Stead asks this court to reexamine conflicting testimony, a task that can only be resolved by the jury. Here, notwithstanding a full array of defensive instructions, the jury resolved the conflicts in favor of the Government, and there was sufficient evidence for the jury to reach its verdicts. Stead also challenges the sentence imposed by the district court. Although Stead argues the district court improperly failed to depart downward, the district court made clear that it did not find a downward departure warranted by the facts in this case. Thus, the district court’s refusal to depart is a nonreviewable exercise of discretion. We affirm Stead’s convictions and sentence. See 8th Cir. R. 47B. JOHN R. GIBSON, Circuit Judge, concurs in the result and in the judgment in this case. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -2-