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U.S. v. TAYLOR

No. 03-3036.

353 F.3d 868 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Charles TAYLOR, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 23, 2003.

Attorney(s) appearing for the Case

Steven K. Gradert, Assistant Federal Public Defender (David J. Phillips, Federal Public Defender with him on the briefs), Wichita, KS, for Defendant-Appellant.

Nancy M. Caplinger, Assistant United States Attorney (Eric F. Melgren, United States Attorney; Brent I. Anderson, Assistant United States Attorney, Wichita, KS with her on the brief), Topeka, KS, for Plaintiff-Appellee.

Before LUCERO, PORFILIO and TYMKOVICH, Circuit Judges.

JOHN C. PORFILIO, Senior Circuit Judge.

The sole question for our review, whether a period of delay for a determination of mental competency is nonexcludable under the Speedy Trial Act's 70-day clock, is one of first impression in this Circuit. Its resolution, nonetheless, is facilitated by decisions in several of our Sister Circuits, which we now join. We, therefore, affirm the district court's denial of the motion to dismiss Charles Taylor's indictment on the ground...

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