Rosemond v. United States

Supreme Court of the United States · 2014 · Criminal Law

572 U.S. 65 (2014)

Updated August 1, 2026

Criminal Lawaiding and abetting mens rea18 U.S.C. § 924(c)18 U.S.C. § 2aiding and abettingmens reaadvance knowledgeaffirmative act

Facts

Rosemond participated with others in a marijuana sale arranged in a park. During the deal, the buyers fled with the drugs, and one of Rosemond's confederates fired several shots from a semiautomatic handgun, though the shooter's identity was disputed. The Government prosecuted Rosemond under § 924(c) on alternative theories that he either personally used the gun or aided and abetted a confederate's use of it. The trial court instructed the jury that it could convict on the aiding-and-abetting theory if Rosemond knew his cohort used a firearm in the drug trafficking crime and knowingly and actively participated in the drug trafficking crime.

Issue

What must the Government prove to convict a defendant of aiding and abetting a § 924(c) offense? Specifically, is it enough that the defendant actively participated in the predicate drug trafficking crime and knew a gun was used at some point, or must the defendant have advance knowledge that a confederate would use or carry a firearm?

Rule

A person aids and abets a § 924(c) offense when he takes an affirmative act in furtherance of the predicate drug trafficking or violent crime with the intent of facilitating the entire § 924(c) offense, which includes the firearm element. The affirmative-act requirement is satisfied by active participation in either component of the combination crime, but the intent requirement is satisfied only if the defendant actively participates with advance knowledge that a confederate will use or carry a gun, meaning knowledge acquired at a time when the defendant can still choose to withdraw or otherwise alter his conduct.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Phoenix, Tiana Brooks agreed to serve as the lookout for a cocaine delivery arranged by her friends. Before they drove to the meeting, one of them opened the glove compartment, showed her a pistol, and said he always brings it to deals; Tiana nodded and took her lookout position as planned.

If Tiana is prosecuted for aiding and abetting a § 924(c) offense, which is the strongest analysis?

Explanation. Aiding and abetting a § 924(c) offense requires an affirmative act in furtherance of the predicate crime or the firearm component, plus intent to facilitate the entire armed crime. Active participation as a lookout satisfies the act requirement, and advance knowledge before continuing in the venture shows intent to facilitate an armed drug transaction. The majority rejected any requirement that the defendant personally handle or specifically assist the gun.