Cahill Logo

Firm Memoranda

SCOTUS: Rosemond v. United States: Intent Requirement For Aiding and Abetting Offenses Clarified

Date: 03/07/14

On March 5, 2014, in Rosemond v. United States, the Supreme Court of the United States held that in order to establish the intent to aid and abet the violation of a federal criminal statute, which prohibits using or carrying a firearm during and in relation to any crime of violence or drug trafficking, an accomplice must have actively participated in the underlying violent crime or drug trafficking with advance knowledge that a confederate would use or carry a gun during the crime’s commission. Justice Kagan wrote the opinion for the majority; two justices dissented.

CGR_Memo.pdf (pdf | 133.20 KB )