Barrett v. United States
Holding
Congress did not clearly authorize convictions under both 18 U.S.C. § 924(c) and (j) for a single act that violates both provisions—therefore, one act that violates both may spawn only one conviction; the part of the 2nd Circuit’s judgment that held otherwise is reversed.
Judgment
Reversed in part and remanded, 9-0, in an opinion by Ketanji Brown Jackson on Jan 14, 2026. Justice Jackson delivered the opinion of the court with respect to Parts I, II, III, IV-A, and IV-B, and an opinion with respect to Part IV-C, joined by Chief Justice Roberts and Justices Sotomayor and Kagan. Justice Gorsuch filed an opinion concurring in part.
Oct 15, 2024Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 18, 2024)Nov 13, 2024Motion to extend the time to file a response from November 18, 2024 to December 18, 2024, submitted to The Clerk.
Nov 15, 2024Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2024.
Dec 3, 2024Motion to extend the time to file a response from December 18, 2024 to January 17, 2025, submitted to The Clerk.Dec 5, 2024Motion to extend the time to file a response is granted and the time is further extended to and including January 17, 2025.
Jan 17, 2025Brief of respondent United States in opposition filed.Jan 31, 2025Reply of petitioner Dwayne Barrett filed.Feb 6, 2025DISTRIBUTED for Conference of 2/21/2025.
Feb 24, 2025DISTRIBUTED for Conference of 2/28/2025.
Mar 3, 2025Motion to proceed in forma pauperis GRANTED. Petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.
Mar 19, 2025Charles L. McCloud, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
Mar 21, 2025Motion for an extension of time to file the briefs on the merits filed.Mar 27, 2025Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 23, 2025. The time to file respondent's brief on the merits is extended to and including July 28, 2025.
May 7, 2025Motion to dispense with printing the joint appendix filed by petitioner Dwayne Barrett.May 23, 2025Brief of petitioner Dwayne Barrett filed.May 23, 2025Brief of respondent United States in support filed.May 27, 2025Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
May 30, 2025Brief amicus curiae of National Association of Criminal Defense Lawyers filed.Jul 10, 2025Motion for divided argument filed by the Solicitor General.Jul 28, 2025Brief of Court-appointed amicus curiae in support of the judgment below filed.Aug 12, 2025SET FOR ARGUMENT on Tuesday, October 7, 2025.
Aug 13, 2025Record requested from the United States Court of Appeals for the Second Circuit.
Aug 18, 2025Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk. Sealed material from the United States Court of Appeals for the Second Circuit electronically available with the Clerk.
Aug 27, 2025Reply of respondent United States in support of petitioner filed.Aug 27, 2025Reply of petitioner Dwayne Barrett filed.Sep 2, 2025CIRCULATED
Sep 5, 2025Motion for divided argument filed by the Solicitor General GRANTED.
Oct 7, 2025Argued. For petitioner: Matthew B. Larsen, Assistant Federal Defender, New York, N. Y. For respondent in support of petitioner: Aimee Brown, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of judgment below: Charles L. McCloud, Washington, D. C.
Jan 14, 2026Adjudged to be REVERSED IN PART and case REMANDED. Jackson, J., delivered the opinion of the Court with respect to Parts I, II, III, IV-A, and IV-B, and an opinion with respect to Part IV-C, in which Roberts, C. J., and Sotomayor and Kagan, JJ., joined. Gorsuch, J., filed an opinion concurring in part.
Feb 17, 2026Judgment Issued.Recommended Citation: Barrett v. United States, SCOTUSblog, https://www.scotusblog.com/cases/barrett-v-united-states-2/