United States v. Franklin David Kirk

RIVES, Circuit Judge:

Franklin David Kirk was convicted on a one-count indictment charging him with violation of 18 U.S.C. § 8711 for threatening the life of the President of the United States of America. The district court imposed the maximum sentence of five years’ imprisonment. Kirk appeals claiming reversible error: (1) in admitting into evidence his prior conviction under 18 U.S.C. § 871; (2) in admitting into evidence the alleged threat communicated to Secret Service Agents; (3) for refusing to instruct the jury on the defense of entrapment; (4) in misconstruing the elements of the…