No. 87-5150.

857 F.2d 623 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel DARBY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 15, 1988.

Attorney(s) appearing for the Case

Jay L. Lichtman, Los Angeles, Cal., for defendant-appellant.

Leslie A. Swain, Asst. U.S. Atty., Criminal Div., Los Angeles, Cal., for plaintiff-appellee.

Before HUG, TANG and NELSON, Circuit Judges.

NELSON, Circuit Judge:

Daniel Darby appeals from his conviction for attempted bank robbery under the first paragraph of 18 U.S.C. § 2113(a) (1982). The district court had jurisdiction based on 18 U.S.C. § 3231. We have jurisdiction pursuant to 28 U.S.C. § 1291. The issues before us on appeal are (1) whether the court properly instructed the jury on the intent required to support a conviction under § 2113(a), and (2) whether expert psychiatric testimony...

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