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Criminal Law Keyed to LaFave
Rosemond v. United States
Citation:
134 S. Ct. 1240, 188 L.Ed.2d 248Facts
Perez arranged the sale of a pound of marijuana to Gonzales and Painter. Perez drove to a park with Joseph and Rosemond. Witnesses were not in agreement of who sat in front with Perez and who sat in the back seat. When the three arrived at the meet site Gonzales got into the back seat and Painter waited outside of the car. Whichever of the three would be sellers that was in the back allowed Gonzales to inspect the marijuana; however, instead of paying the would be sellers, Gonzales punched the back seat passenger in the face and fled with the marijuana. As Gonzales and Painter ran one of the three would be sellers, again which one is contested, fired shots from a handgun at the two fleeing thieves. The three chased the thieves but police intervened and arrested the would be sellers before they could catch the drug thieves.
The trial court judge instructed the jury that Rosemond could be convicted if he knew that his cohort used a firearm in connection with the drug sale and the defendant knowingly and actively took part in the drug sale.
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Topic Resources
Topic Outline
Accomplice Liability