Barrett v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 24-5774 | 2nd Cir. | Oct 7, 2025 | Jan 14, 2026 | 9-0 | Jackson | OT 2025 |
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 Justice Jackson on January 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.
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| Date | Proceedings and Orders |
|---|---|
| 10/15/2024 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 18, 2024) |
| 11/13/2024 | Motion to extend the time to file a response from November 18, 2024 to December 18, 2024, submitted to The Clerk. |
| 11/15/2024 | Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2024. |
| 12/03/2024 | Motion to extend the time to file a response from December 18, 2024 to January 17, 2025, submitted to The Clerk. |
| 12/05/2024 | Motion to extend the time to file a response is granted and the time is further extended to and including January 17, 2025. |
| 01/17/2025 | Brief of respondent United States in opposition filed. |
| 01/31/2025 | Reply of petitioner Dwayne Barrett filed. |
| 02/06/2025 | DISTRIBUTED for Conference of 2/21/2025. |
| 02/24/2025 | DISTRIBUTED for Conference of 2/28/2025. |
| 03/03/2025 | Motion to proceed in forma pauperis GRANTED. Petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition. |
| 03/19/2025 | Charles L. McCloud, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below. |
| 03/21/2025 | Motion for an extension of time to file the briefs on the merits filed. |
| 03/27/2025 | Motion 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. |
| 05/07/2025 | Motion to dispense with printing the joint appendix filed by petitioner Dwayne Barrett. |
| 05/23/2025 | Brief of petitioner Dwayne Barrett filed. |
| 05/23/2025 | Brief of respondent United States in support filed. |
| 05/27/2025 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 05/30/2025 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 07/10/2025 | Motion for divided argument filed by the Solicitor General. |
| 07/28/2025 | Brief of Court-appointed amicus curiae in support of the judgment below filed. |
| 08/12/2025 | SET FOR ARGUMENT on Tuesday, October 7, 2025. |
| 08/13/2025 | Record requested from the United States Court of Appeals for the Second Circuit. |
| 08/18/2025 | Record 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. |
| 08/27/2025 | Reply of respondent United States in support of petitioner filed. |
| 08/27/2025 | Reply of petitioner Dwayne Barrett filed. |
| 09/02/2025 | CIRCULATED |
| 09/05/2025 | Motion for divided argument filed by the Solicitor General GRANTED. |
| 10/07/2025 | Argued. 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. |
| 01/14/2026 | Adjudged 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. |