Farmer v. U.S.

Defendant procedurally defaulted her claim on appeal from denial of her habeas petition that challenged her conviction on charge of brandishing firearm during crime of violence under 18 USC section 924(c)(1)(A)(ii), where defendant’s jury was not instructed, as required under Rosemond, 134 S.Ct. 1240, that conviction under accomplice theory required that defendant have foreknowledge that her confederate would commit bank robbery with firearm. Defendant failed to directly raise jury instruction issue in Dist. Ct., and instant procedural default could not be excused, where defendant suffered no prejudice because of defective jury instruction, since record showed that defendant possessed such foreknowledge when she wrote demand note indicating that her confederate had gun in his possession.