Michael D. Tann v. United States

For the most part, I join the per curiam opinion disposing of the appeals in these *498several cases. I cannot join Section VII.C, however. In that section, my colleagues hold that appellants Harris and Tann could be liable for aiding and abetting Robert Foreman’s shooting of James Taylor , and Bernard Mackey even if Harris and Tann were unaware of Foreman’s presence or actions and did not intend to assist or encourage Foreman in his criminal activity. I believe my colleagues in the majority base that holding on an erroneous theory of accomplice liability — a novel theory of their own devising,…