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U.S. v. LONG

No. 07-31131.

562 F.3d 325 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen Michael LONG, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 5, 2009.

Attorney(s) appearing for the Case

Christopher Albert Aberle (argued), Mandeville, LA, for Defendant-Appellant.

Before WIENER, GARZA, and DeMOSS, Circuit Judges.

WIENER, Circuit Judge:

At the heart of this appeal lies the question whether the district court erred reversibly in denying Defendant-Appellant Stephen Michael Long his requested insanity instruction to the jury. In our de novo review of this purely legal question, we must at all times keep as frontlets before our eyes the overarching core distinction of this appeal: It is not a gardenvariety fact issue of sufficiency of the evidence to support a jury...

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