United States Tenth Circuit

A conviction for conspiring to traffic cocaine is affirmed where the district court did not abuse its discretion in denying a motion for new trial, which was based on a claim that newly discovered evidence would show that defendant had not been competent during trial, without first conducting an evidentiary hearing.

Appellate Information

• Decided 04/04/2007
• Published 04/05/2007

Judges

• TYMKOVICH, Circuit Judge., Before HENRY, SEYMOUR, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Robert J. Gorence, Gorence & Oliveros, P.C., Albuquerque, NM, for Defendant-Appellant., David N. Williams, Assistant United States Attorney (David C. Iglesias, United States Attorney, and Laura Fashing, Assistant United States Attorney, with him on the brief), Office of the United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.