Opinion Summary: Barrett v. United States | Double Jeopardy Dilemma

Barrett v. United States | Date Decided: 1/14/26 | Case No. 24-5774

Question 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).

Holding: Congress did not clearly authorize convictions under both §§924(c)(1)(A)(i) and (j) for a single act that violates both provisions. One act that violates both provisions therefore may spawn only one conviction.

Result: Reversed in part and remanded

Voting Breakdown: 9-0. 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 in which Chief Justice Roberts and Justices Sotomayor and Kagan joined. Justice Gorsuch filed an opinion concurring in part.

Link to Opinion: Here.

Oral Advocates:

1. For Petitioner: Matthew B. Larsen, Assistant Federal Defender, New York, N. Y.
2. For Respondent in Support of Petitioner: Aimee Brown, Assistant to the Solicitor General, Department of Justice, Washington, D.C.
3. For Court-Appointed Amicus Curiae in Support of Judgment Below: Charles L. McCloud, Washington, D.C.