Rosemond v. United States (572 U.S. 65)

U.S. Supreme Court · decided March 5, 2014 · Supreme Court Database (Spaeth)

Citation
572 U.S. 65 · 134 S. Ct. 1240
Docket
No. 12-895
Argued
November 12, 2013
Decided
March 5, 2014
Term
October Term 2013
Vote
7–2
Majority author
Justice Kagan
Issue area
Criminal Procedure
Disposition
Vacated and remanded
Outcome
Petitioning party won
Ideological direction
Liberal

How the Justices voted

Majority
Chief Justice Roberts, Justice Scalia, Justice Kennedy, Justice Ginsburg, Justice Breyer, Justice Sotomayor, Justice Kagan (wrote)
Dissenting
Justice Thomas, Justice Alito (wrote)

Oral argument transcript and advocates · Opinion on Justia

Opinion excerpt

(Slip Opinion) OCTOBER TERM, 2013 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus ROSEMOND v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No. 12–895. Argued November 12, 2013—Decided March 5, 2014 Petitioner Justus Rosemond took part in a drug deal in which either he or one of his confederates fired a gun. Because the shooter’s identity was disputed, the Government charged Rosemond with violating 18 U. S. C. §924(c) by using or carrying a gun in connection with a drug trafficking crime, or, in the alternative, aiding and abetting that of- fense under 18 U. S. C. §2. The trial judge instructed the jury that Rosemond was guilty of aiding and abetting the §924(c) offense if he (1) “knew his cohort used a firearm in the drug trafficking crime” and (2) “knowingly and actively participated in the drug trafficking crime.” This deviated from Rosemond’s proposed instruction that the jury must find that he acted intentionally “to facilitate or encourage” the firearm’s use, as…

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