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The Supreme Court found that in a conviction for violating § 924(c) of Title 18, the government must prove that the defendant actively participated in the underlying crime with advance knowledge that a confederate would use or carry a gun during the crime's commission. A defendant can be convicted as an aider and abettor without participating in each element of the offense. The intent component of aiding and abetting law preserves the distinction between assisting the predicate drug trafficking crime and assisting the broader § 924(c) offense. The District Court erred in instructing the jury in a § 924(c) prosecution against Rosemond, as it did not explain that Rosemond needed advance knowledge of a firearm's presence. The case is sent back to the Tenth Circuit to determine the appropriate consequence of the District Court's error in its aiding and abetting instruction.
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