Nature of the Case
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Facts
Perez arranged to sell a pound of marijuana to Gonzales and Painter. She drove to a local park to make the exchange, accompanied by Joseph and D. Gonzales climbed into the car’s backseat while Painter waited outside. The backseat passenger allowed Gonzales to inspect the marijuana. Gonzales punched that man in the face and fled with the drugs. As Gonzales and Painter ran away, one of the male passengers exited the car and fired several shots from a semiautomatic handgun. The shooter then re-entered the vehicle, and all three would be drug dealers gave chase after the buyers-turned-robbers. A police officer, responding to a dispatcher’s alert, pulled their car over. D was charged with using a gun in connection with a drug trafficking crime or aiding and abetting that offense. P’s primary contention was that D used the firearm during the aborted drug transaction. P also offered a backup argument that even if it was Joseph who fired the gun, D aided and abetted the violation. The Judge instructed the jury that it could convict of aiding and abetting 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.” D was convicted and appealed. The Tenth Circuit affirmed, rejecting D’s argument that the District Court’s aiding and abetting instructions were erroneous. The Supreme Court granted certiorari.
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