UNITED STATES of America, Plaintiff-Appellee, v. Robert HAIRSTON, Defendant-Appellant

This is an appeal from the judgment of conviction for violation of 18 U.S.C. §§ 2111 , 2114 and 924(c)(1), and the ensuing sentence. Because we must reverse the conviction on one issue, we also address the other issues which are likely to arise on a new trial. However, “we refuse to speculate as to the outcome of this hypothetical second trial and therefore decline to address [defendant’s] sentencing argument at this time.” United States v. Moorehead, 57 F.3d 875, 877 (9th Cir.1995).

I

FACTS

On May 26, 1992, after having made two collections of money at the Veterans Administration Medical Center (VA), in Los Ange-les, including one from the Veteran’s Canteen Service (VCS), an armored courier was robbed by a gunman of the money and cheeks which he had collected. Defendant was interviewed the same day by the FBI. He was later charged with having committed this robbery.

Carol Fish was a government employee who worked as an administrative assistant at the VCS. She testified as to the amount of cash ($5,109) and checks (approximately $3,000) she gave to the courier just prior to his being robbed. Over defendant’s objection, she also testified that this money belonged to the United…