United States v. Koran McKinley Allen, A/K/A Sinbad

A jury convicted Koran McKinley Allen of conspiracy to commit armed bank robbery, armed bank robbery, and using, carrying, or possessing a firearm during a crime of violence. On appeal, Allen maintains that there was insufficient evidence to support his firearm conviction; that the admission of a co-conspirator’s statement violated his Sixth Amendment right of confrontation; that a government witness’s allusion to Allen’s previous incarceration warranted a mistrial; that the district court failed to appreciate that it had discretion to depart downward on Allen’s sentence based on a tragic personal history and the disproportionate impact of a prior conviction; and that the enhancement of his sentence using judge-found facts violated the Sixth Amendment. We affirm the convictions and, because the sentencing judge is no longer available, we order a remand for resentencing pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc), and United States v. Sanders, 421 F.3d 1044, 1052 (9th Cir.2005).

I

BACKGROUND

Allen and his co-conspirators robbed the Community Bank in Pasadena, California, of $21,619. The plan was organized by Larry Washington and his longtime…