Editor's Note :

Editor's Note :

At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging shortly before 10:00 a.m.

Rosemond v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
12-895 10th Cir. Nov 12, 2013
Tr.Aud.
Mar 5, 2014 7-2 Kagan OT 2013

Holding: For purposes of “aiding and abetting” liability under 18 U.S.C. § 924(c), which prohibits “us[ing] or carr[ying] a firearm “during and in relation to any crime of violence or drug trafficking crime,” the government must show that the defendant actively participated in the underlying drug trafficking or violent crime with advance knowledge that a confederate would use or carry a gun during the crime’s commission. The Court vacated the decision below and remanded the case because the trial court failed to instruct the jury that the defendant must have “advance knowledge” – that is, knowledge sufficiently in advance to have some “realistic opportunity to quit the crime” – that the gun would be used or carried.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Kagan on March 5, 2014. Justice Scalia joined the opinion in all but footnotes 7 and 8. Justice Alito filed an opinion concurring in part and dissenting in part, in which Justice Thomas joined.

SCOTUSblog Coverage

DateProceedings and Orders
Nov 30 2012Application (12A563) to extend the time to file a petition for a writ of certiorari from December 17, 2012 to January 16, 2013, submitted to Justice Sotomayor.
Dec 4 2012Application (12A563) granted by Justice Sotomayor extending the time to file until January 16, 2013.
Jan 16 2013Petition for a writ of certiorari filed. (Response due February 21, 2013)
Feb 13 2013Order extending time to file response to petition to and including March 25, 2013.
Mar 12 2013Order further extending time to file response to petition to and including April 24, 2013.
Apr 24 2013Brief of respondent United States in opposition filed.
May 7 2013DISTRIBUTED for Conference of May 23, 2013.
May 7 2013Reply of petitioner Justus C. Rosemond filed. (Distributed)
May 28 2013Petition GRANTED.
Jun 13 2013The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 2, 2013.
Jun 13 2013The time to file respondent's brief on the merits is extended to and including September 23, 2013.
Aug 2 2013Joint appendix filed. (Statement of costs filed)
Aug 2 2013Brief of petitioner Justus C. Rosemond filed.
Aug 2 2013Motion to file Volume II of the joint appendix under seal filed by petitioner Justus C. Rosemond.
Aug 9 2013Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Aug 9 2013Brief amici curiae of Gun Owners Foundation, et al. filed.
Aug 14 2013Motion DISTRIBUTED for Conference of September 30, 2013.
Aug 19 2013CIRCULATED.
Aug 20 2013SET FOR ARGUMENT on Tuesday, November 12, 2013.
Sep 6 2013Record received from United States Court of Appeals for the Tenth Circuit (1-box). There is a sealed document included in this record.
Sep 11 2013Records received from USDC for the District of Utah electronically filed (Not PACER), which includes sealed documents. (3-files)
Sep 23 2013Brief of respondent United States filed. (Distributed)
Oct 7 2013Motion to file Volume II of the joint appendix under seal GRANTED.
Oct 22 2013Reply of petitioner Justus C. Rosemond filed. (Distributed)
Nov 12 2013Argued. For petitioner: John P. Elwood, Washington, D. C. For respondent: John F. Bash, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Mar 5 2014Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined, and in which Scalia, J., joined in all but footnotes 7 and 8. Alito, J., filed an opinion concurring in part and dissenting in part, in which Thomas, J., joined.
Apr 7 2014JUDGMENT ISSUED.
Apr 8 2014Record received from United States Court of Appeals for the Tenth Circuit has been returned.
 
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