United States v. Vincent B. Giardina

POLITZ, Circuit Judge:

This appeal asks: Had Vincent B. Giardi-na 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 emergency, Dr. Nguyen signed a Physician’s Emergency Certificate pursuant to which the police took Giardina to Charity Hospital in New Orleans. Upon arrival at…