Legal Opinion

Rosemond v. United States

Supreme Court of the United States

Decided March 5, 2014No. 12-895PublishedCited by 554 opinions

1Opinion of the CourtJustice Kagan

**

*67 A federal criminal statute, § 924(c) of Title 18, prohibits "us[ing] or carr[ying]" a firearm "during and in relation to any crime of violence or drug trafficking crime." In this case, we consider what the Government must show when it accuses a defendant of aiding or abetting that offense. We hold that the Government makes its case by proving 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. We also conclude that the jury instructions given below were…

Also in this document: Concurring in part, dissenting in part.

2Cases cited33 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 1997
  2. Central Bank of Denver, N. A. v. First Interstate Bank of Denver, N. A.Supreme Court of the United States · 1994
  3. Pereira v. United StatesSupreme Court of the United States · 1954
  4. Smith v. United StatesSupreme Court of the United States · 1993
  5. United States v. BaileySupreme Court of the United States · 1980

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3Cited by554 opinions

  1. People v. ChiuCalifornia Supreme Court · 2014
  2. United States v. Joseph SimmsCourt of Appeals for the Fourth Circuit · 2019
  3. Kaplan v. Lebanese Canadian BankCourt of Appeals for the Second Circuit · 2021
  4. United States v. HansenSupreme Court of the United States · 2023
  5. Ocasio v. United StatesSupreme Court of the United States · 2016

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