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Criminal Law keyed to Dripps
Rosemond v. United States
Citation:
572 U.S. 65, 134 S.Ct. 1240, 188 L.Ed.2d 248.Facts
Vashti Perez arranged to sell a pound of marijuana to Ricardo Gonzales and Coby Painter. Defendant and Ronald Joseph accompanied her. One of the men sat in the passenger seat and another in the back seat. At the time of the exchange, Gonzales got in the backseat to inspect the marijuana. However, rather than handing over the money, Gonzales punched the backseat passenger in the face and fled. As Gonzales and Painter ran, either Joseph or the defendant exited the car and fired several shots at the robbers. The shooter then returned to the car and they drove after Gonzales and Painter, at which time they were stopped by a police officer.
At trial, the District Court judge instructed the jury that the defendant could be convicted if “(1) the defendant knew his cohort used a firearm in the drug trafficking crime, and (2) the defendant knowingly and actively participated in the drug trafficking crime.”
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