U.S. v. Kirklin

In prosecution on charges of aiding and abetting use and carrying of firearm by third-party during bank robbery, defendant waived any error with respect to Dist. Ct.’s use of certain jury instruction where defendant’s counsel indicated that he had no objection to proposed instruction when asked by Dist. Ct. Moreover, instruction accurately stated law requiring govt. to show that aiding and abetting related to use of firearm rather than aiding and abetting of bank robbery. Also, while defendant’s 7-year mandatory minimum sentence under 18 USC section 924(c)(1)(A)(ii) was based on facts not found by jury, and thus was erroneous under Alleyne, 133 SCt 2151, defendant was not entitled to new sentencing hearing where fact that served to increase his mandatory minimum sentence, i.e., brandishing of firearm, was amply supported by evidence in record.