Barrett v. United States

Judgment Issued.

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.

Congress did not clearly authorize convictions under both 18 U. S. C. §§924(c)(1)(A)(i) 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 Second Circuit’s judgment that held otherwise is reversed. [607 U.S. 128]

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.

Motion for divided argument filed by the Solicitor General GRANTED.

CIRCULATED

Reply of petitioner Dwayne Barrett filed.

Reply of respondent United States in support of petitioner filed.

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.

Record requested from the United States Court of Appeals for the Second Circuit.

SET FOR ARGUMENT on Tuesday, October 7, 2025.

Brief of Court-appointed amicus curiae in support of the judgment below filed.

Motion for divided argument filed by the Solicitor General.

Brief amicus curiae of National Association of Criminal Defense Lawyers filed.

Motion to dispense with printing the joint appendix filed by petitioner GRANTED.

Brief of respondent United States in support filed.

Brief of petitioner Dwayne Barrett filed.

Motion to dispense with printing the joint appendix filed by petitioner Dwayne Barrett.

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.

Motion for an extension of time to file the briefs on the merits filed.

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.

Motion to proceed in forma pauperis GRANTED. Petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.

DISTRIBUTED for Conference of 2/28/2025.

DISTRIBUTED for Conference of 2/21/2025.