UNITED STATES v. LEWELLYN

No. 82-2416.

723 F.2d 615 (1983)

UNITED STATES of America, Appellee, v. Gary Vance LEWELLYN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 21, 1983.


Attorney(s) appearing for the Case

Richard C. Turner, U.S. Atty., S.D. Iowa, Des Moines, Iowa, for appellee.

David M. Barrett, Joseph E. Schuler, Barrett, Hanna, Daly & Gaspar, Washington, D.C., Robert J. Baudino, Jr., Neiman, Neiman, Stone & Spellman, P.C., Des Moines, Iowa, for appellant.

Before LAY, Chief Judge, and HEANEY and FAGG, Circuit Judges.


FAGG, Circuit Judge.

Gary Lewellyn, a Des Moines stockbroker, was indicted on nine counts of embezzlement, 18 U.S.C. § 656, three counts of making a false statement, 18 U.S.C. § 1014, and three counts of mail fraud, 18 U.S.C. § 1341, for converting over $17 million in money and securities from two Iowa banks. In response to the government's pretrial motion the district court ruled that Lewellyn could not rely on a defense of insanity by reason of pathological...

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