United States v. Stephen William Bilson

Appellant, Stephen William Bilson, was convicted after jury trial of attempted aircraft piracy, a violation of 49 U.S.C. § 1472 (i), and use of a firearm in the commission of a federal felony, a violation of 18 U.S.C. § 924 (c)(1). He seized a commercial aircraft in Stockton, California and sought to have it flown to Iran. His defense was insanity. We affirm.

Appellant claims that the district court erred when it permitted a psychiatrist called by the Government to testify that appellant was legally sane within the meaning of Wade v. United States, 426 F.2d 64 (9th Cir. 1970) (en banc). The doctor’s testimony was based in part on the results of psychological tests which, appellant asks us to conclude, may be evaluated only by a professional psychologist. Thus the appellant proposes that this circuit hold that a psychiatrist as a matter of law is not qualified under the Federal Rules of Evidence to testify as to a defendant’s sanity when his opinion may be based in part on his evaluations of the results of psychological tests. We consider this argument remarkably unpersuasive.

Rule 702 vests the district court with discretion to permit testimony from persons possessing…