David Petersen v. United States

Whether the mens rea and actus reus requirements for aiding and abetting liability under 18 U.S.C. § 2 demand proof of specific intent and affirmative participation, as mandated by Rosemond v. United States, 572 U.S. 65 (2014), or whether mere association or general awareness suffices, as erroneously applied in this case, perpetuating a profound circuit split that fractures equal justice across the nation.

Whether a conviction under § 2, rooted in an indictment devoid of overt acts or specific intent, compounded by trial errors including constructive amendment, suppressed evidence, and ineffective counsel, violates the Fifth and Sixth Amendments, compelling coram nobis relief, especially where lower courts unjustly imposed procedural bars despite pro se challenges— such as financial devastation forcing self-representation after counsel’s egregious failure to unearth exculpatory evidence or assert critical defenses, thus amplifying systemic disparities that deny the innocent their constitutional right to justice. PARTIES TO THE PROCEEDING Petitioner is David P. Petersen, who was the appellant below. Respondent is the United States of America, which was the appellee below. TABLE OF CONTENTS Questions Presented i Parties to the Proceeding Table of Authorities Opinions Below Jurisdiction.......................................................................................................................... vii Constitutional and Statutory Provisions Involved vii Introduction 1