Vincent Wilkerson v. Superintendent Fayette SCI

OPINION OF THE COURT

KRAUSE, Circuit Judge.

Following a trial in which the evidence reflected that Appellee/Cross-Appellant Vincent Wilkerson shot his victim in the chest and beat the victim with a gun, a Pennsylvania jury convicted Wilkerson of both attempted murder and aggravated assault. In his instant petition for habeas corpus, Wilkerson contends that these convictions violate the Double Jeopardy Clause because the jury instructions permitted the jury to convict on both offenses based on the shooting alone. Wilkerson also raises a challenge under Apprendi v. New Jersey, 530 U.S. 466, 120…