United States v. Orville Leland Davis, A/K/A Michael Hamilton

HILL, Circuit Judge:

Orville Leland Davis was charged with bank robbery under 18 U.S.C. § 2113(a). He pleaded not guilty by reason of insanity, and a jury returned a verdict of guilty. On appeal, Davis argues that the district court both elicited and allowed improper psychiatric testimony regarding Davis’ mental capacity in violation of Fed.R.Evid. 704(b). We affirm.

At trial, the government offered considerable eyewitness testimony of bank employees who identified Davis as the robber in line-ups and in open court. Davis had visited the bank in Atlanta, Georgia on several occasions prior to the…