U.S. v. GIARDINA

No. 88-3080 Summary Calendar.

861 F.2d 1334 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Vincent B. GIARDINA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 6, 1988.


Attorney(s) appearing for the Case

Roma A. Kent, John T. Mulvehill, Federal Public Defender, New Orleans, La., for defendant-appellant.

Vincent B. Giardina, Belle Chase, La., pro se.

Walter F. Becker, Jr., Robert J. Boitmann, John Volz, U.S. Atty., New Orleans, La., for plaintiff-appellee.

Before POLITZ, KING, and SMITH, Circuit Judges.


POLITZ, Circuit Judge:

This appeal asks: Had Vincent B. Giardina been "committed to a mental institution," as that term is used in 18 U.S.C. § 922(g)(4), prior to his purchase of a pistol? Concluding that he had not been, we reverse the district court and vacate his conviction and sentence.

Background

On May 14, 1984, Giardina was examined by Dr. Sank Nguyen, a staff psychiatrist at the New Orleans Mental Health Clinic. Perceiving an...

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