With no explanation, chose the best option from "A", "B", "C" or "D". in organizing the incident that ultimately erupted in gunfire. 528 F.2d at 1015. 4 . Hamblin's statement was handwritten by an FBI agent, Daniel T. Sindall, and Agent Sindall authenticated the statement at trial before it was introduced into evidence. The statement is ambiguous regarding Hamblin’s intent to aid and abet Jones in the commission of an armed bank robbery, which requires an additional element of proof beyond that needed to convict for aiding and abetting an unarmed robbery. Charges under 18 U.S.C. § 924(c) cannot be proven through guilt by association, as the government seems to contend, and these facts are particularly egregious because the FBI is responsible for the ambiguous wording of Hamblin’s statement. Cf. United States v. Kaplan, 586 F.2d 980, 982-83 (2d Cir.1978) (<HOLDING>). 5 . In its brief on appeal, the government

A: holding that mere knowledge of a defect is not sufficient to amount to an eighth amendment claim defendant must also draw the inference that a substantial risk of serious harm exists
B: holding that the mere fact that rocco and kaplan were associated is not sufficient to support an inference by the jury that one imparted knowledge to the other
C: holding that the mere fact that a defendant provided assistance and the prosecutor did not file a motion is not sufficient evidence of suspect motive
D: holding that mere speculation is insufficient to support a jury verdict
B.