United States v. Terrance Frank

Terrance Frank appeals from the judgment of conviction entered following trial by jury, on two counts of second degree murder in violation of 18 U.S.C. § 1111 and § 1153, two counts of assault with intent to commit murder in violation of 18 U.S.C. § 113 (a) and § 1153, and four counts of use of a firearm in commission of a crime of violence in violation of 18 U.S.C. § 924 (c) and § 1153. Frank was sentenced to prison for 35 years.

The facts presented by the Government at the guilt phase of this matter were un-controverted. Frank was 24 years old at the time of the charged offenses. He fatally shot Eugene George and Irvin Harvey. Frank also shot and wounded Esther Harvey, and Louis Harvey. The crime occurred on June 24, 1988, at the Harvey family residence located in a remote part of the Navajo Indian Reservation in Arizona.

Frank was indicted on July 13, 1988. On September 23, 1988, Frank requested a hearing to determine whether he was competent to stand trial. The district court appointed two psychiatrists and a psychologist to assist defense counsel for the competency proceedings. Frank was also examined by a Government psychiatrist and psychologist. Each expert testified…