.    *  After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal.   See Fed.R.App.P. 00(a);  00th Cir.R. 00.0.0.   The case is therefore ordered submitted without oral argument   **  This order and judgment has no precedential value and shall not be cited, or used by any court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel.   00th Cir.R. 00.0