United States v. Frank Leroy Brewton

Good Law
434 F.2d 233·1970 U.S. App. LEXIS 6208
United States Court of Appeals for the Ninth CircuitNovember 30, 197024168_1California647 words

Opinion

Opinion

This is an appeal from a conviction and sentence for robbery of a national bank.

A federal grand jury in Seattle indicted Frank Leroy Brewton on a charge of robbing a national bank, on February 13, 1968, in violation of 18 U.SfC. § 2113(a). At the time of Brew-ton’s arraignment, his counsel contended that Brewton was mentally incompetent to stand trial. The district court entered an order for psychiatric examination. The appointed psychiatrist reported that Brewton was not competent to assist in his own defense. In June, 1968, the court committed Brewton to the United States Medical Center at Springfield, Missouri, for further examination concerning his competency. He stayed at Springfield for about four months.

Based upon their examination of Brewton, the psychiatrists at Springfield, on September 24, 1968, reported that Brewton was then competent to stand trial. On October 2, 1968, the district court ordered Brewton returned to Seattle for trial. Brewton has at no time disputed the court’s finding, made at that time, that he was then competent to stand trial. Brewton waived a jury, admitted having committed the robbery, and pleaded not guilty by reason of insanity at the time…

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