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Barrett v. United States

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Supreme Court of the United States
Barrett v. United States
Docket number: 24-5774
Term: 2025
Court: United States Supreme Court
Important dates
Argued: October 7, 2025
Court membership
Chief Justice John Roberts • Clarence Thomas • Samuel Alito • Sonia Sotomayor • Elena Kagan • Neil Gorsuch • Brett Kavanaugh • Amy Coney Barrett • Ketanji Brown Jackson

Barrett v. United States is a case argued before the Supreme Court of the United States on October 7, 2025, during the court's October 2025-2026 term.

HIGHLIGHTS
  • The issue: The case concerns the Double Jeopardy Clause of the Fifth Amendment and 18 U.S.C. § 924(c) and (j).
  • The questions presented: "1. Whether the Double Jeopardy Clause permits two sentences for an act that violates 18 U.S.C. § 924(c) and§ 924(j), a question that divides seven circuits but about which the Solicitor General and Petitioner agree.


    2. Whether "Hobbs Act robbery qualifies as a crime of violence under §924(c) (3)(A), a question left open after" United States v. Taylor, 596 U.S. 845 (2022). United States v. Stoney, 62 F.4th 108, 113 (3d Cir. 2023). "[1]

  • The outcome: The appeal is pending adjudication before the U.S. Supreme Court.


    • The case came on a writ of certiorari to the United States Court of Appeals for the Second Circuit. To review the lower court's opinion, click here.

    Background

    Case summary

    The following are the parties to this case:[2]

    • Petitioner: Dwayne Barrett
      • Legal counsel: Matthew B. Larsen (Federal Defenders of New York)
    • Respondent: United States

    The following summary of the case was published by Oyez, a free law project from Cornell’s Legal Information Institute, Justia, and the Chicago-Kent College of Law:[3]

    “

    Between August 2011 and January 2012, Dwayne Barrett and several co-conspirators carried out a string of armed robberies in New York, often using guns, knives, and threats of violence. On December 12, 2011, Barrett and two associates followed a minivan carrying the proceeds from a sale of untaxed cigarettes. While Barrett waited in the car, his accomplices held two men at gunpoint and stole the vehicle, which also contained $10,000 and a third victim, Gamar Dafalla. As he tried to discard some of the money during the getaway, Dafalla was fatally shot by one of the robbers. Later that day, Barrett took part in another robbery, threatening a victim’s life. He also helped dispose of the murder weapon and clean their vehicle with latex gloves and cleaning fluid to eliminate evidence.

    Barrett was indicted on multiple counts, including conspiracy to commit Hobbs Act robbery, two substantive counts of Hobbs Act robbery (one involving Dafalla’s murder), and separate firearms offenses, including a murder charge under 18 U.S.C. § 924(j). He was convicted in 2014 and originally sentenced to 90 years in prison. On appeal, the U.S. Court of Appeals for the Second Circuit vacated one firearms conviction under the Supreme Court’s then-new decision in United States v. Davis. Barrett was resentenced to 50 years in 2021. After further appellate proceedings, the Second Circuit affirmed most of his convictions and sentence but vacated and remanded for resentencing in light of the Supreme Court’s 2023 decision in Lora v. United States, which held that § 924(j) does not require consecutive sentencing under § 924(c).[4]

    		”

    To learn more about this case, see the following:

    Timeline

    The following timeline details key events in this case:

    Questions presented

    The petitioner presented the following questions to the court:[1]

    Questions presented:
    “ 1. Whether the Double Jeopardy Clause permits two sentences for an act that violates 18 U.S.C. § 924(c) and§ 924(j), a question that divides seven circuits but about which the Solicitor General and Petitioner agree.


    2. Whether "Hobbs Act robbery qualifies as a crime of violence under §924(c) (3)(A), a question left open after" United States v. Taylor, 596 U.S. 845 (2022). United States v. Stoney, 62 F.4th 108, 113 (3d Cir. 2023). [4]

    		”

    Oral argument

    Audio

    Audio of oral argument:[6]



    Transcript

    Transcript of oral argument:[7]

    Outcome

    The case is pending adjudication before the U.S. Supreme Court.

    October term 2025-2026

    See also: Supreme Court cases, October term 2025-2026

    The Supreme Court began hearing cases for the term on October 6, 2025. The court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions by mid-June.[8]


    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 U.S. Supreme Court, "21-1379 BARRETT V. UNITED STATES QP REPORT," March 3, 2025
    2. ↑ Supreme Court of the United States, "No. 24-5774," accessed March 3, 2025
    3. ↑ Oyez, "Barrett v. United States," accessed April 9, 2025
    4. ↑ 4.0 4.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    5. ↑ U.S. Court of Appeals for the Second Circuit, United States v. Barrett, decided May 15, 2024
    6. ↑ Supreme Court of the United States, "Oral Argument - Audio," argued October 7, 2025
    7. ↑ Supreme Court of the United States, "Oral Argument - Transcript," argued October 7, 2025
    8. ↑ SupremeCourt.gov, "The Supreme Court at Work: The Term and Caseload," accessed January 24, 2022
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