Rosemond v. United States (2013)
- Docket
- 12-895
- Decided
- 2013-01-01
Summary
Question: Does the offense of aiding and abetting the use of a firearm during a drug trafficking crime require proof of the defendant's intentional facilitation or encouragement of the use of the firearm in order to convict? Conclusion: Yes. Justice Elena Kagan delivered the opinion for the 7-2 majority. The Court held that the government must prove that the defendant actively participated in a drug or violent crime intending to see it succeed and knew in advance that one of his coconspirators had a gun during the crime. Whether the defendant approved or disapproved of having or using the gun is irrelevant, as long as he participated in the underlying drug or violent crime with knowledge of a gun. Proof that the defendant knew that a gun was used sometime in the commission of the crime is insufficient; if, as in this case, a defendant learns of a gun upon seeing or hearing an accomplice fire shots after the criminal scheme has begun, he cannot be held liable for aiding and abetting under this statute. The State must prove as part of the knowledge element that the accomplice had the opportunity to walk away after learning of the gun but chose to proceed thereby incurring the liability of this statute. Justice Samuel A. Alito, Jr. wrote an opinion concurring in part and dissenting in part, disagreeing only with the majority's new rule that the State prove that the aider and abetter had an opportunity to refrain from the criminal conduct after learning of a gun. His dissent rests on the position that this requirement deviates from the traditional aiding and abetting doctrine, and it opens up the affirmative defense of necessity or duress for the accomplice that does not object to having a gun for fear violence might be directed at him. Justice Clarence Thomas joined in the partial concurrence and partial dissent.