United States v. Allan Anthony Burnim

Burnim appeals from his conviction for unarmed bank robbery, a violation of 18 U.S.C. § 2113 (a). He was found guilty after a court trial at which the only contested issue was his sanity at the time of the offense. We affirm the conviction.

The question presented is neatly posed by the trial judge’s special findings of fact:

These findings are fully supported by the evidence. The government presented overwhelming evidence, which the defense did not attempt to rebut, that Burnim committed the robbery with which he was charged. That evidence showed, among other things, that Burnim needed money to go to Alaska for the purpose of getting married, that before the robbery he drank a good deal of liquor to screw up his courage, and that after the robbery he hid in the woods and shaved off his beard and mustache in order to avoid being caught.

Burnim took the stand and admitted all the essential facts alleged in the indictment. His sole defense was insanity. On that issue, the court’s findings are supported by the testimony of two psychiatrists, Dr. Harris, called by Burnim, and Dr. Johnson, called by the government. Indeed, the findings track their testimony with precision. Under…