United States v. Lamon Lee Christensen

Lamon Lee Christensen appeals his convictions for armed bank robbery, 18 U.S.C. § 2113 (d), and use of a firearm during a crime of violence, 18 U.S.C. § 924 (c)(1). He argues that the evidence was insufficient to support his firearm conviction, and that the district court erred in accepting his jury trial waiver, in denying his late request to file a notice of intent to raise an insanity defense, and in failing to depart downward based on his mental illness.

We have jurisdiction to hear Christensen’s timely appeal pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We reverse and remand.

FACTS

On December 22, 1987 in Pomona, California, the Great Western Bank received an armored car delivery of $321,000 in cash. Geno Smith, a teller, testified that shortly after the delivery, two men approached his station. After what appeared to be some disagreement between them, the older of the two came forward to transact his business. The other man, who turned out to be the robber, waited his turn.

When the older man left the counter, the robber moved behind the teller’s counter and produced a gun. Putting the gun to Smith’s right side, he pushed him back toward the vault. They…