Rosemond v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-895 | 10th Cir. | Nov 12, 2013 | 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
- Opinion analysis: Justice Kagan writes a primer on aiding and abetting law (Rory Little, March 6, 2014)
- Argument recap: A likely win for the aider and abetter who lacks purpose (Rory Little, November 13, 2013)
- Argument preview: Law school hypos about criminal law mens rea (Rory Little, November 11, 2013)
- Petition of the day (Mary Pat Dwyer, May 20, 2013)
| Date | Proceedings and Orders |
|---|---|
| Nov 30 2012 | Application (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 2012 | Application (12A563) granted by Justice Sotomayor extending the time to file until January 16, 2013. |
| Jan 16 2013 | Petition for a writ of certiorari filed. (Response due February 21, 2013) |
| Feb 13 2013 | Order extending time to file response to petition to and including March 25, 2013. |
| Mar 12 2013 | Order further extending time to file response to petition to and including April 24, 2013. |
| Apr 24 2013 | Brief of respondent United States in opposition filed. |
| May 7 2013 | DISTRIBUTED for Conference of May 23, 2013. |
| May 7 2013 | Reply of petitioner Justus C. Rosemond filed. (Distributed) |
| May 28 2013 | Petition GRANTED. |
| Jun 13 2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 2, 2013. |
| Jun 13 2013 | The time to file respondent's brief on the merits is extended to and including September 23, 2013. |
| Aug 2 2013 | Joint appendix filed. (Statement of costs filed) |
| Aug 2 2013 | Brief of petitioner Justus C. Rosemond filed. |
| Aug 2 2013 | Motion to file Volume II of the joint appendix under seal filed by petitioner Justus C. Rosemond. |
| Aug 9 2013 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Aug 9 2013 | Brief amici curiae of Gun Owners Foundation, et al. filed. |
| Aug 14 2013 | Motion DISTRIBUTED for Conference of September 30, 2013. |
| Aug 19 2013 | CIRCULATED. |
| Aug 20 2013 | SET FOR ARGUMENT on Tuesday, November 12, 2013. |
| Sep 6 2013 | Record received from United States Court of Appeals for the Tenth Circuit (1-box). There is a sealed document included in this record. |
| Sep 11 2013 | Records received from USDC for the District of Utah electronically filed (Not PACER), which includes sealed documents. (3-files) |
| Sep 23 2013 | Brief of respondent United States filed. (Distributed) |
| Oct 7 2013 | Motion to file Volume II of the joint appendix under seal GRANTED. |
| Oct 22 2013 | Reply of petitioner Justus C. Rosemond filed. (Distributed) |
| Nov 12 2013 | Argued. 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 2014 | Judgment 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 2014 | JUDGMENT ISSUED. |
| Apr 8 2014 | Record received from United States Court of Appeals for the Tenth Circuit has been returned. |
