Insanity is defense to all federal crimes not just specific intent crimes

INSANITY DEFNSE United States v. Allen, No. 05-7000, ___ F.3d ___ (10th Cir. Jun. 5, 2006)(E.D. Oklahoma). Appeal of conviction for being felon in possession of firearm in violation of 18 U.S.C. § 922(g). HELD: (1) District court abused discretion by denying defendant opportunity to raise insanity defense. Insanity is affirmative defense applicable to prosecution under any federal statute, not just specific intent crimes. Language in United States v. Brown, 326 F.3d 1143 (10th Cir. 2003), limiting use of evidence of mental illness to specific intent crimes has application only where defendant is not raising affirmative defense of insanity, but instead is challenging the government’s proof of the element of specific intent. (2) Proof that defendant purchased firearm with intent to commit suicide is not legal defense to prosecution for being felon in possession of firearm in violation of 18 U.S.C. § 922(g). Read the opinion here.