Today, the Supreme Court granted certiorari in Barrett v. United States, No. 24-5774 (Mar. 3, 2025) (cert. granted), to decide “whether the Double Jeopardy Clause permits two sentences for an act that violates 18 U.S.C. § 924(c) and § 924(j).”
Dwayne Barrett was convicted of Hobbs Act robbery and related charges, including a single act that violated 18 U.S.C. § 1924(c) and § 924(j). Said another way, the issue before the Court is whether a district court must impose a sentence on petitioner for murder using a firearm during a Hobbs Act robbery, in violation of 18 U.S.C. § 924(j), and also for the lesser-included offense of using a firearm during and in relation to the same Hobbs Act robbery, in violation of 18 U.S.C. § 924(c). This issue has divided seven circuits. The Second Circuit below ruled that the Double Jeopardy Clause permits sentences under both § 924(c) and § 924(j), agreeing with the Eleventh Circuit. On the opposite side, the First, Fourth, Fifth, Sixth, and Ninth Circuits agree that imposing two sentences for § 924(c) and 924(j) convictions stemming from the same conduct violates the Double Jeopardy Clause.
The Court declined to grant certiorari on a second question presented by Barrett’s cert petition: 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) (holding that attempted Hobbs Act robbery does not qualify as a crime of violence under the elements clause of statutory definition of crime of violence, as predicate for felony conviction and enhanced sentence for using a firearm in furtherance of a crime of violence).
The certiorari stage briefing is available on the Supreme Court’s website here.