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

QUESTION PRESENTED 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. STATEMENT OF PARTIES The Petitioner is Joe Fernandez. The Respondent is the United States of America. The parties were the same in the District Court and before the United States Court of Appeals for the Second Circuit. -ii