United States v. Thomas William Sullivan
Opinion
Opinion
Ely, J.
Sullivan was convicted in a jury trial of having presented false identification in con nection with several purchases of firearms [ 18 U.S.C. § 922 (aX6) (Supp.1976).] He defended his conduct on the ground that he was not legally sane at the time of the purchases. On appeal he contends that the trial court erred in refusing to adopt one of two jury instructions proposed by the defense, either of which would have clarified the concept of “wrongfulness” as it pertains to the insanity defense. See Wade v. United States, 426 F.2d 64 (9th Cir. 1970) (en banc); United States v. McGraw, 515 F.2d 758 (9th Cir. 1975). We agree with the appellant for the reasons stated below and therefore reverse and remand.
BACKGROUND
During the course of the trial, expert witnesses for both the prosecution and the defense confirmed that Sullivan suffered from manic-depressive psychosis, a mental illness apparently characterized in some instances by a condition of extreme egocentricity, and manifested by displays of grandiosity. The defense submitted that Sullivan’s illness reflected itself in his assumption of a role as a retired, high-ranking military officer and his insistence on having a gun…