Supreme Court of the United States · Official docket →
Dwayne Barrett v. United States
IFP petition · United States Court of Appeals for the Second Circuit, No. 21-1379 · judgment May 15, 2024
Question presented
I. 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. II. 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). PETITION FOR A WRIT OF CERTIORARI IS GRANTED LIMITED TO QUESTION 1 PRESENTED BY THE PETITION. 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.
Counsel of record
For petitioner
Matthew B. Larsen
Federal Defenders of New York
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
1 merits
(1 respondent)
Argument & decision
Argued October 7, 2025 — Matthew B. Larsen · Aimee Brown · Charles L. McCloud. Audio and transcript
Decided January 14, 2026. Opinion by Jackson.
Proceedings
- Feb 17 2026Judgment Issued.
- Jan 14 2026Adjudged 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.
- Oct 07 2025Argued. 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.
- Sep 05 2025Motion for divided argument filed by the Solicitor General GRANTED.
- Sep 02 2025CIRCULATED
- Aug 27 2025Reply of respondent United States in support of petitioner filed.
- Aug 27 2025Reply of petitioner Dwayne Barrett filed.
- Aug 18 2025Record 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.
- Aug 13 2025Record requested from the United States Court of Appeals for the Second Circuit.
- Aug 12 2025SET FOR ARGUMENT on Tuesday, October 7, 2025.
- Jul 28 2025Brief of Court-appointed amicus curiae in support of the judgment below filed.
- Jul 10 2025Motion for divided argument filed by the Solicitor General.
- May 30 2025Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- May 27 2025Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- May 23 2025Brief of petitioner Dwayne Barrett filed.
- May 23 2025Brief of respondent United States in support filed.
- May 07 2025Motion to dispense with printing the joint appendix filed by petitioner Dwayne Barrett.
- Mar 27 2025Motion 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.
- Mar 21 2025Motion for an extension of time to file the briefs on the merits filed.
- Mar 19 2025Charles L. McCloud, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
- Mar 03 2025Motion to proceed in forma pauperis GRANTED. Petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.
- Feb 24 2025DISTRIBUTED for Conference of 2/28/2025.
- Feb 06 2025DISTRIBUTED for Conference of 2/21/2025.
- Jan 31 2025Reply of petitioner Dwayne Barrett filed.
- Jan 17 2025Brief of respondent United States in opposition filed.
- Dec 05 2024Motion to extend the time to file a response is granted and the time is further extended to and including January 17, 2025.
- Dec 03 2024Motion to extend the time to file a response from December 18, 2024 to January 17, 2025, submitted to The Clerk.
- Nov 15 2024Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2024.
- Nov 13 2024Motion to extend the time to file a response from November 18, 2024 to December 18, 2024, submitted to The Clerk.
- Oct 15 2024Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 18, 2024)