Joe Fernandez v. United States
DueProcess HabeasCorpus
1. Whether the failure to give an instruction on aider and abetter liability for a violation of 18 U.S.C. § 924(c) that comported with this Court's decision in Rosemond v. United States, 572 U.S. 65, 134 S. Ct. 124, 188 L. Ed.2d 248 (2014), is subject to a harmless error analysis; whether the error can be overcome by a showing that the evidence would have been legally sufficient had a proper instruction had been given. This is a question that was intentionally and specifically left unaddressed by this Court when it decided Rosemond.
Whether the failure to give an instruction on aider and abetter liability for a violation of 18 U.S.C. § 924(c) that comported with this Court's decision in Rosemond v. United States, 572 U.S. 65, 134 S. Ct. 124, 188 L. Ed.2d 248 (2014), is subject to a harmless error analysis; whether the error can be overcome by a showing that the evidence would have been legally sufficient had a proper instruction had been given