United States v. William James Thigpen, United States of America v. Herman Campbell Barnett, Jr.

BIRCH, Circuit Judge:

These cases require us to consider whether a defendant raising an insanity defense is entitled to an instruction informing the jury of the commitment procedure codified in the Insanity Defense Reform Act of 1984, 18 U.S.C. §§ 4241^47. We hold that a defendant is not entitled to such an instruction unless necessary to cure an erroneous view of the consequences of a not guilty by reason of insanity verdict due to inadmissible evidence or improper argument at the defendant’s trial. We also direct district courts to instruct juries not to consider the consequences of a not…