United States v. Wallace Russell Whitehead

Wallace Russell Whitehead appeals his jury conviction for bank robbery in violation of 18 U.S.C. § 2113 (a). He claims that the district judge erred by refusing to submit jury instructions on the insanity defense. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I

On April 12, 1988, Whitehead entered a Tempe, Arizona Citibank branch. Stating that he wanted to cash a check, he handed the bank teller a note that read, “This is a holdup, give me your money and you won’t get hurt.” After the teller emptied the top drawer, Whitehead asked her to retrieve additional cash in the reserve drawer. While the teller bent down to unlock the drawer, Whitehead fled with $604. At no time during the robbery did Whitehead show the teller a gun or state that he had one.

On April 29, 1988, the Federal Bureau of Investigation (“FBI”) held a press conference about the robbery and published a photograph of Whitehead taken from the bank’s surveillance cameras. Whitehead’s younger brother Bradley recognized the photograph and contacted the FBI. His sister Nancy also spoke with the FBI.

On May 25, 1988, a federal grand jury returned a four-count indictment against Whitehead for robbery of…