United States v. Prado, No. 13-2894 (2d Cir. 2016)
Annotate this CaseCount 21 of the indictment charged Defendants Martinez and Ortega with aiding and abetting a violation of 18 U.S.C. 924(c), using or carrying a firearm in relation to a crime of violence or possessing a firearm in furtherance of that crime, in connection with a murder. The court held that, in the wake of Rosemond v. United States, general instructions on aiding and abetting liability, such as the instructions at issue here, are insufficient and plainly erroneous in the context of a section 924(c) charge. The court also held that this error affected Ortega’s, but not Martinez’s, substantial rights, and therefore vacated Ortega’s conviction on Count 21.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.