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 21, 2013)
| Date | Proceedings and Orders |
|---|---|
| 11/30/2012 | 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. |
| 12/04/2012 | Application (12A563) granted by Justice Sotomayor extending the time to file until January 16, 2013. |
| 01/16/2013 | Petition for a writ of certiorari filed. (Response due February 21, 2013) |
| 02/13/2013 | Order extending time to file response to petition to and including March 25, 2013. |
| 03/12/2013 | Order further extending time to file response to petition to and including April 24, 2013. |
| 04/24/2013 | Brief of respondent United States in opposition filed. |
| 05/07/2013 | DISTRIBUTED for Conference of May 23, 2013. |
| 05/07/2013 | Reply of petitioner Justus C. Rosemond filed. (Distributed) |
| 05/28/2013 | Petition GRANTED. |
| 06/13/2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 2, 2013. |
| 06/13/2013 | The time to file respondent's brief on the merits is extended to and including September 23, 2013. |
| 08/02/2013 | Joint appendix filed. (Statement of costs filed) |
| 08/02/2013 | Brief of petitioner Justus C. Rosemond filed. |
| 08/02/2013 | Motion to file Volume II of the joint appendix under seal filed by petitioner Justus C. Rosemond. |
| 08/09/2013 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 08/09/2013 | Brief amici curiae of Gun Owners Foundation, et al. filed. |
| 08/14/2013 | Motion DISTRIBUTED for Conference of September 30, 2013. |
| 08/19/2013 | CIRCULATED. |
| 08/20/2013 | SET FOR ARGUMENT on Tuesday, November 12, 2013. |
| 09/06/2013 | Record received from United States Court of Appeals for the Tenth Circuit (1-box). There is a sealed document included in this record. |
| 09/11/2013 | Records received from USDC for the District of Utah electronically filed (Not PACER), which includes sealed documents. (3-files) |
| 09/23/2013 | Brief of respondent United States filed. (Distributed) |
| 10/07/2013 | Motion to file Volume II of the joint appendix under seal GRANTED. |
| 10/22/2013 | Reply of petitioner Justus C. Rosemond filed. (Distributed) |
| 11/12/2013 | 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. |
| 03/05/2014 | 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. |
| 04/07/2014 | JUDGMENT ISSUED. |
| 04/08/2014 | Record received from United States Court of Appeals for the Tenth Circuit has been returned. |
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.