United States v. Mitchum L. Pastor

19 F.3d 31 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Mitchum L. PASTOR, Defendant-Appellant. No. 93-10141. United States Court of Appeals, Ninth Circuit. Submitted Dec. 16, 1993. * Decided Feb. 25, 1994. Before: POOLE, BEEZER, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 This appeal seeks clarification of the rule governing jury instructions on the consequences of a verdict of not guilty by reason of insanity ("NGRI verdict"). Pastor appeals his conviction for bank robbery in violation of 18 U.S.C. Sec. 2113 (a). He contends that the district court erred in denying his request to instruct the jury on the consequences of an NGRI verdict after the government, in the presence of the jury, disparaged commitment as an effective means of incapacitating Pastor. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 * Our review for the refusal to give a proposed jury instruction turns on the nature of the…