United States v. James Marshall Lemon

550 F.2d 467 UNITED STATES of America, Plaintiff-Appellee, v. James Marshall LEMON, Defendant-Appellant. No. 76-1443. United States Court of Appeals, Ninth Circuit. March 8, 1977. Warren Williamson, Federal Defenders, Inc., argued, San Diego, Cal., for defendant-appellant. Stephen Peterson, Asst. U. S. Atty., argued, San Diego, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Southern District of California. Before TRASK and CHOY, Circuit Judges, and EAST, * District Judge. CHOY, Circuit Judge: James Lemon appeals his conviction on two counts of bank robbery, 18 U.S.C. § 2113 (a). He argues for reversal on the grounds that: (1) the court gave jury insanity instructions contrary to the standard established in Wade v. United States, 426 F.2d 64 (9th Cir. 1970) (en banc); (2) the court failed to abide by a provision of the Speedy Trial Act, 18 U.S.C. § 3164 ; (3) his Miranda rights were violated; (4) his custodial consent to a search of his hotel room was both involuntary and elicited in violation of Miranda ; and (5) his court-appointed counsel did not provide the reasonably effective assistance of counsel required by the sixth amendment…