United States v. Gallaway, No. 10-2012 (10th Cir. 2010)

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FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS TENTH CIRCUIT October 14, 2010 Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, No. 10-2012 (D.C. No. 1:08-CR-02702-BB-1) (D. N.M) Plaintiff - Appellee, v. HAROLD TIMOTHY GALLAWAY, Defendant - Appellant. ORDER AND JUDGMENT* Before KELLY, EBEL and LUCERO, Circuit Judges. The Court has reviewed the Anders brief and the record in this case and has determined that the appeal is without merit. Accordingly, the district court s order *After examining appellant=s brief and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2) and 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. finding mental incompetence to proceed to trial is AFFIRMED. ENTERED FOR THE COURT David M. Ebel Circuit Judge 2

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