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Criminal Law Keyed to Ohlin
Rosemond v. United States
Citation:
134 S. Ct. 1240 (2014)Facts
Vashti Perez arranged to sell marijuana two people. She drove to a local park to make the exchange, accompanied Ronald Joseph and the defendant, Justus Rosemond. It is unclear which one sat in the back and which sat in the front of the car. At the park, the buyer climbed into the car’s backseat while the other buyer waited outside. The backseat passenger allowed him to inspect the marijuana. But rather than handing over money, the buyer punched that man in the face and fled with the drugs.
As the buyers ran away, one of the male passengers got out of the car and fired several shots from a handgun. The shooter then re-entered the vehicle, and they chased after the drug buyers. But before the three could catch them, a police officer pulled their car over.
Rosemond was charged with violating Section 924(c) for using a gun in connection with a drug trafficking crime, or aiding and abetting that offense. The Government’s primary contention was that Rosemond himself used the firearm, however, because the identity of the shooter was disputed, the Government argued that even if it was the other man who fired the gun, Rosemond aided and abetted the §924(c) violation.
He was convicted.
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