No. 24-5774
Dwayne Barrett v. United States
Key Terms:
FifthAmendment JusticiabilityDoctri
FifthAmendment JusticiabilityDoctri
Latest Conference:
2025-02-28
(distributed 2 times)
Question Presented (AI Summary)
Whether the Double Jeopardy Clause permits two sentences for an act that violates 18 U.S.C. § 924(c) and § 924(j), and whether Hobbs Act robbery qualifies as a crime of violence under § 924(c)(3)(A)
Question Presented (OCR Extract)
QUESTIONS PRESENTED L 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. I. 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). i
Docket Entries
2026-01-14
Adjudged to be REVERSED IN PART and case REMANDED. Jackson, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/25pdf/24-5774new_f20h.pdf'>opinion</a> 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.
2026-01-14
Adjudged to be REVERSED IN PART and case REMANDED. Jackson, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/25pdf/24-5774_9nbe.pdf'>opinion</a> 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.
2025-10-07
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.
2025-09-05
Motion for divided argument filed by the Solicitor General GRANTED.
2025-09-02
CIRCULATED
2025-08-27
Reply of petitioner Dwayne Barrett filed.
2025-08-27
Reply of respondent United States in support of petitioner filed.
2025-08-27
Reply of United States submitted.
2025-08-27
Reply of Dwayne Barrett submitted.
2025-08-18
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.
2025-08-13
Record requested from the United States Court of Appeals for the Second Circuit.
2025-08-12
SET FOR ARGUMENT on Tuesday, October 7, 2025.
2025-07-28
Brief of Court-appointed amicus curiae in support of the judgment below filed.
2025-07-28
Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed.
2025-07-28
Amicus brief of Court-appointed amicus curiae in support of the judgment below submitted.
2025-07-10
Motion for divided argument filed by the Solicitor General.
2025-07-10
Motion of United States for divided argument submitted.
2025-05-30
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2025-05-30
Amicus brief of National Association of Criminal Defense Lawyers submitted.
2025-05-27
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2025-05-23
Brief of respondent United States filed.
2025-05-23
Brief of United States submitted.
2025-05-23
Brief of petitioner Dwayne Barrett filed.
2025-05-23
Brief of respondent United States in support filed.
2025-05-23
Brief of Dwayne Barrett submitted.
2025-05-07
Motion to dispense with printing the joint appendix filed by petitioner Dwayne Barrett.
2025-05-07
Motion of Dwayne Barrett to dispense with joint appendix submitted.
2025-03-27
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.
2025-03-21
Motion for an extension of time to file the briefs on the merits filed.
2025-03-21
Motion of Dwayne Barrett for an extension of time submitted.
2025-03-19
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.
2025-03-03
Motion to proceed in forma pauperis GRANTED. Petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.
2025-02-24
DISTRIBUTED for Conference of 2/28/2025.
2025-02-06
DISTRIBUTED for Conference of 2/21/2025.
2025-01-31
Reply of petitioner Dwayne Barrett filed.
2025-01-31
Reply of Dwayne Barrett submitted.
2025-01-17
Brief of respondent United States in opposition filed.
2025-01-17
Brief of United States in opposition submitted.
2024-12-05
Motion to extend the time to file a response is granted and the time is further extended to and including January 17, 2025.
2024-12-03
Motion to extend the time to file a response from December 18, 2024 to January 17, 2025, submitted to The Clerk.
2024-11-15
Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2024.
2024-11-13
Motion to extend the time to file a response from November 18, 2024 to December 18, 2024, submitted to The Clerk.
2024-11-13
Motion of United States for an extension of time submitted.
2024-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 18, 2024)
Attorneys
Court-appointed amicus curiae in support of the judgment below
Charles L. McCloud — Williams & Connolly LLP, Amicus
Dwayne Barrett
Matthew B. Larsen — Federal Defenders of New York, Petitioner
National Association of Criminal Defense Lawyers
United States
D. John Sauer — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent
Moez Mansoor Kaba — Hueston Hennigan LLP, Respondent
Sarah M. Harris — Acting Solicitor General, Respondent