Rosemond v. United States
(stacking criminal charges based on unknowing possession of firearm by another)

admin Firearms Law

Rosemond is a case challenging a conviction for “aiding and abetting” the use of a firearm in the commission of a crime, when the defendant had no idea his accomplice even had a gun, much less would use it.

CLDEF’s amicus curiae brief argued that, to aid and abet, one would have to “purposefully facilitate” his partner’s crime.  Additionally, the brief noted the U.S. Supreme Court’s recent Alleyne decision, and argued that the government should have to specifically prove the defendant intended the firearm to be discharged, not simply possessed or carried.

The Supreme Court held that the defendant has the intent needed to aid and abet if he has knowledge that his associate will carry a gun.  However, this knowledge must be advance knowledge, with sufficient time to withdraw from the criminal enterprise.  The case was remanded for further fact-finding to determine whether Rosemond met this test.

CLDEF Amicus Curiae Brief (August 9, 2013)

SCOTUSblog Case Page

Oral Argument (November 12, 2013) transcript

U.S. Supreme Court Opinion