U.S. v. HERRERA

No. 05-2219.

481 F.3d 1266 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Gilbert HERRERA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 4, 2007.


Attorney(s) appearing for the Case

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.

Before HENRY, SEYMOUR, and TYMKOVICH, Circuit Judges.


TYMKOVICH, Circuit Judge.

Gilbert Herrera was convicted of conspiring to traffic cocaine after a four-day jury trial. Four months after his conviction, Herrera filed a motion for a new trial claiming newly discovered evidence would show that he had not been competent during trial. The motion contended that the cognitive effects of acute diabetes combined with a severe staph infection which was diagnosed only after trial...

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