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U.S. v. BARTON

No. 92-1835 Summary Calendar.

992 F.2d 66 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Marlon Keith BARTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 13, 1993.

Attorney(s) appearing for the Case

Suzanna Perez, Asst. Federal Public Defender, Ira Kirkendoll, Federal Public Defender, Dallas, TX, for defendant-appellant.

Phillip C. Umphres, Asst. U.S. Atty., Richard H. Stepens, U.S. Atty., Dallas, TX, for plaintiff-appellee.

Before GARWOOD, JONES and EMILIO M. GARZA, Circuit Judges.

GARWOOD, Circuit Judge:

Defendant-appellant, Marlon Keith Barton (Barton), appeals his conviction for threatening by mail to kill the President of the United States on the sole ground that the district court erred in denying his motion for judgment of acquittal based on the assertion that he was insane when he committed the offense. Because the evidence was not such as to compel a finding that Barton was insane at the time of the offense, we affirm.

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