Rosemond v. United States
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 Elena Kagan on Mar 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.
Issue: Whether the offense of aiding and abetting the use of a firearm during and in relation to a crime of violence or drug trafficking crime, in violation of 18 U.S.C. §” 924(c)(1)(A) and 2, requires proof of (i) intentional facilitation or encouragement of the use of the firearm, as held by the First, Second, Third, Fifth, Seventh, Eighth, Ninth, and Eleventh Circuits, or (ii) simple knowledge that the principal used a firearm during a crime of violence or drug trafficking crime in which the defendant also participated, as held by the Sixth, Tenth, and District of Columbia Circuits.
Recommended Citation: Rosemond v. United States, SCOTUSblog, https://www.scotusblog.com/cases/rosemond-v-united-states/