United States v. Kenneth Eugene McEachern

GODBOLD, Circuit Judge:

Kenneth McEachern appeals from his jury conviction of violating 18 U.S.C. § 1792 by willfully and knowingly making and possessing a weapon inside the Federal Correctional Institution at Texar-kana, Texas. He contends that the District Court erred by denying his pre-trial motion for a mental competency examination under 18 U.S.C. § 4244, by refusing to issue a subpoena on his motion pursuant to Fed.R.Crim.P. 17(b), and by recalling the jury after two hours of deliberation and delivering an Allen charge.

This ease requires us to examine the ultimate inquiry which is at the…