Barrett v. United States

Justia · Docket · oyez.org

Argued on Oct 7, 2025.

Petitioner: Dwayne Barrett.
Respondent: United States of America.

Advocates:

Matthew B. Larsen (for the Petitioner)
Aimee W. Brown (for the Respondent, in support of the Petitioner)
Charles L. McCloud (Court-appointed amicus curiae, in support of the judgment below)

Facts of the case (from oyez.org)

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).

Question

Does the Double Jeopardy Clause of the Fifth Amendment permit two sentences for an act that violates 18 U.S.C. § 924(c) and (j)?

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