Rosemond v. United States (U.S. Supreme Court)

In this case, the Court granted certiorari to decide the requisite mental state for the offense of aiding and abetting the use of a firearm during and in relation to a crime of violence or drug trafficking crime, in violation of 18 U.S.C. § 924(c). On behalf of the National Association of Criminal Defense Lawyers, we filed an amicus brief in support of petitioner. The Supreme Court reversed and remanded in favor of petitioner holding that to be convicted of aiding and abetting in conjunction with a Section 924(c) offense and incur the substantial additional penalties the statute imposes, a defendant must intend to aid and abet the entire crime. Intent can be shown only where the defendant participates in the underlying crime with advance knowledge that a weapon will be used, or gains that knowledge at a stage of the crime when he or she can still withdraw or take other action.