Kirklin v. United States

Hamilton, Circuit Judge.

For the second time we review Tyrone Kirklin's conviction for aiding and abetting a robbery where his co-conspirator brandished the guns he gave her. In Kirklin's first appeal, we found that the district judge erred by making the brandishing finding rather than requiring a jury to make this determination. The district judge had acted in accord with controlling Supreme Court precedent at the time. After oral argument in Kirklin's first appeal, the Supreme Court overruled its controlling precedent and held that the brandishing determination must be made by a jury.…