United States v. Roman Sanford Terry

21 F.3d 1119 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Roman Sanford TERRY, Defendant-Appellant. No. 93-50533. United States Court of Appeals, Ninth Circuit. Submitted April 5, 1994. * Decided April 8, 1994. Before: HALL, LEAVY, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Roman Sanford Terry appeals his jury conviction and sentence under the Sentencing Guidelines for bank robbery in violation of 18 U.S.C. Sec. 2113 (a)(d). Terry argues that the district court erred in precluding him from presenting a defense based on insanity or involuntary intoxication due to his use of the prescription drug "Prozac". Terry further contends that the district court mistakenly believed that it had no authority to grant a downward departure based on aberrant behavior and that the court's mistaken belief should be grounds for resentencing. 3 The district court had jurisdiction pursuant to 18 U.S.C. Sec. 3231 . We have jurisdiction…