Responsibility for another's gun crime
Pearson v. United States
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- What it’s about
- The Ninth Circuit upheld Terrance Pearson’s 10-year mandatory sentence, to be served after any other sentence, based on a co-conspirator’s firearm use under a rule making conspirators responsible for foreseeable acts (Pinkerton liability).
- What's at stake
- Pearson’s challenge to his firearm conviction and mandatory sentence remains unresolved.
Summary: written with AI from the case record.
What it's about
Pearson challenges that rule and the jury instruction; his petition was sent to a conference, which does not mean the Supreme Court has agreed to hear it.
Pearson’s mandatory 10-year term must be served after any other sentence.
The dispute concerns whether a federal firearm conviction can rest on a co-conspirator’s foreseeable actions and how much agreement a jury must reach on the facts.
Question presented
1. Whether a defendant may be convicted under 18 U.S.C. § 924(c) on Pinkerton liability alone, because a co-conspirator used, carried, or possessed a firearm in a way the defendant could reasonably have foreseen, without proof that the defendant himself had the intent and advance knowledge that Rosemond v. United States, 572 U.S. 65 (2014), requires for accomplice liability under the same statute? 2. Whether a jury instruction that permits conviction under Pinkerton if “at least one conspirator” committed every element of the offense, without requiring unanimity as to which conspirator or which robbery, violates the Sixth Amendment?
What happens next
The petition was distributed for the Court’s Nov. 13, 2026 conference, but that does not guarantee an order date. The next step is a decision on whether to hear the case.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Brief added: Petition
More questions
- What is Pinkerton liability?
- It is a rule that can make conspirators responsible for co-conspirators’ foreseeable acts.
- What does Pearson say Rosemond requires?
- His petition says accomplice liability requires proof that the defendant intended to help and knew in advance that a firearm would be used.
- What is Pearson’s jury-instruction challenge?
- He questions an instruction that allowed conviction if one conspirator committed every element, without requiring jurors to agree on which conspirator or robbery.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.