U.S. v. ROSEMOND

No. 11-4046.

695 F.3d 1151 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Justus Cornelius ROSEMOND, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 18, 2012.


Attorney(s) appearing for the Case

Robert J. Gorence of Gorence & Oliveros, P.C., Albuquerque, New Mexico, for Defendant-Appellant.

Dave Backman , Assistant United States Attorney ( Carlie Christensen , United States Attorney, with him on the brief), Salt Lake City, UT, for Plaintiff-Appellee.

Before KELLY, BALDOCK, and EBEL, Circuit Judges.


EBEL, Circuit Judge.

Defendant-Appellant Justus Rosemond appeals his conviction for using a firearm during a federal drug-trafficking offense. The United States charged Rosemond with that offense under alternate theories, alleging that he was the principal (i.e., the person who fired a gun during a drug transaction) and, alternatively, that he aided and abetted a cohort who fired the weapon. Having jurisdiction under 28 U.S.C. § 1291, we conclude that the trial...

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