United States v. Thomas F. McCann

51 F.3d 283 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Thomas F. McCANN, Defendant-Appellant. No. 94-30193. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. Decided March 30, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Thomas F. McCann appeals his conviction, following a jury trial, for bank robbery in violation of 18 U.S.C. Secs. 2113 (a), (d). He contends the district court erred in instructing the jury to disregard the evidence it had heard "regarding defendant's mental disorders and drug usage" when deliberating on the bank robbery charge. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 At trial, McCann testified that after days of intravenous cocaine use, he was delusional and suicidal. Unable to kill himself, he wrote a suicide note and robbed a bank believing he would be shot and killed by police in the course of the robbery. After…