United States Supreme Court

Defendant's conviction for aiding and abetting a violation of 18 U.S.C. section 924(c), using or carrying a gun in connection with a drug trafficking crime, is vacated and remanded, where: 1) the Government establishes that a defendant aided and abetted a section 924(c) violation by proving that the defendant actively participated in the underlying drug trafficking or violent crime with advance knowledge that a confederate would use or carry a gun during the crime's commission; and 2) the trial court's jury instructions were erroneous because they failed to require that defendant knew in advance that one of his cohorts would be armed.

Appellate Information

• Decided 03/05/2014
• Published 03/05/2014

Judges

• KAGAN

Court

• United States Supreme Court

Counsel