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Barrett v. United States

No. 24-5774 · October Term 2025 · Criminal Procedure · decided January 14, 2026

questions presented (PDF) · docket · Oyez

73%chance Barrett (petitioner) wins · a likely call

Decided: Barrett won 9-0. The model was right.

Expected vote 6–3 for Barrett. Chance of a unanimous ruling 44%. FantasySCOTUS crowd: 76% Barrett.

The case

Dwayne Barrett, convicted of multiple federal crimes including Hobbs Act robbery and firearms offenses, is challenging his sentence, arguing that the Double Jeopardy Clause prohibits two sentences for acts violating 18 U.S.C. § 924(c) and § 924(j). The Second Circuit affirmed most of his convictions but remanded for resentencing in light of a recent Supreme Court decision. The Supreme Court will now decide whether two sentences are permissible under these statutes and whether Hobbs Act robbery qualifies as a crime of violence.

  • Whether the Double Jeopardy Clause allows two sentences for a single act that violates both 18 U.S.C. § 924(c) and § 924(j), a question that has divided seven circuits.
  • Whether Hobbs Act robbery qualifies as a 'crime of violence' under 18 U.S.C. § 924(c)(3)(A), a question left open by the Supreme Court's decision in United States v. Taylor.

AI brief written by gemini-2.5-flash from the questions presented and the Oyez facts on 2026-10-02. Commentary only; it is not an input to the model.

Parties
Petitioner: Dwayne Barrett, Petitioner
Respondent: United States
Below
United States Court of Appeals for the Second Circuit · May 15, 2024
102 F.4th 60 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. · ruling coded conservative · cert. granted 3/3/2025
Question presented, as filed

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).

Facts of the case (Oyez)

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).

The nine

Each justice's predicted vote and the record behind it: how often they have voted for the petitioner overall, in Criminal Procedure cases, and when the lower court ruled conservative; and, once argued, how many questions they put to each side (the side a justice questions more tends to lose their vote). The note under each row is the AI brief's reading, commentary rather than model input.

JusticePredictedOverallThis issueLower court conservativeAt argumentVoted
John G. Roberts
Republican appointee · since OT2005

Chief Justice Roberts often prioritizes judicial restraint and clear statutory interpretation, which could lead him to scrutinize the legislative intent behind the sentencing provisions in question.

64% Barrett68%
for the petitioner · 1,512 votes
65%
Criminal Procedure · 401 votes
61%
lower court conservative · 734 votes
8 / 5
questions at Barrett / United
Barrett ✓
Clarence Thomas
Republican appointee · since OT1991

Justice Thomas is a strong proponent of originalism and textualism, and his analysis would likely focus on the plain meaning of the Double Jeopardy Clause and the relevant statutes.

56% Barrett59%
for the petitioner · 2,801 votes
55%
Criminal Procedure · 724 votes
43%
lower court conservative · 1,365 votes
3 / 2
questions at Barrett / United
Barrett ✓
Samuel A. Alito
Republican appointee · since OT2005

Justice Alito typically takes a strict view of statutory language and has often sided with the government in criminal cases, but his commitment to textualism could lead him to question ambiguous sentencing schemes.

56% Barrett62%
for the petitioner · 1,469 votes
51%
Criminal Procedure · 388 votes
48%
lower court conservative · 722 votes
12 / 1
questions at Barrett / United
Barrett ✓
Sonia Sotomayor
Democratic appointee · since OT2009

Justice Sotomayor often considers the practical implications of legal interpretations, particularly for criminal defendants, and may be inclined to favor interpretations that avoid excessive sentencing.

66% Barrett61%
for the petitioner · 1,192 votes
72%
Criminal Procedure · 306 votes
76%
lower court conservative · 594 votes
12 / 0
questions at Barrett / United
Barrett ✓
Elena Kagan
Democratic appointee · since OT2010

Justice Kagan often emphasizes statutory context and legislative history in her interpretations, and she would likely examine how the different sections of § 924 interact.

71% Barrett63%
for the petitioner · 1,072 votes
72%
Criminal Procedure · 267 votes
75%
lower court conservative · 543 votes
0 / 5
questions at Barrett / United
Barrett ✓
Neil M. Gorsuch
Republican appointee · since OT2016

Justice Gorsuch is a textualist and has been a vocal critic of judicial overreach, particularly in defining 'crimes of violence,' which could influence his view on the Hobbs Act robbery question.

71% Barrett65%
for the petitioner · 592 votes
63%
Criminal Procedure · 126 votes
59%
lower court conservative · 286 votes
14 / 22
questions at Barrett / United
Barrett ✓
Brett M. Kavanaugh
Republican appointee · since OT2018

Justice Kavanaugh often seeks clear and predictable legal rules, and he may be swayed by the circuit split and the agreement between the Solicitor General and Petitioner on the Double Jeopardy issue.

71% Barrett69%
for the petitioner · 498 votes
66%
Criminal Procedure · 105 votes
62%
lower court conservative · 244 votes
21 / 19
questions at Barrett / United
Barrett ✓
Amy Coney Barrett
Republican appointee · since OT2020

Justice Barrett's jurisprudence often emphasizes textualism and originalism, and she would likely focus on the precise wording of the statutes and the Double Jeopardy Clause.

66% Barrett66%
for the petitioner · 360 votes
60%
Criminal Procedure · 80 votes
60%
lower court conservative · 178 votes
silentBarrett ✓
Ketanji Brown Jackson
Democratic appointee · since OT2022

Justice Jackson often brings a perspective informed by her experience as a public defender and a trial judge, and she would likely consider the fairness and clarity of sentencing laws.

71% Barrett59%
for the petitioner · 244 votes
67%
Criminal Procedure · 54 votes
80%
lower court conservative · 127 votes
12 / 16
questions at Barrett / United
Barrett ✓

Rates are each justice's own participation record in the Supreme Court Database, the same history the model trains on; a rate on fewer than five votes is not shown. The predicted vote is VotePredictor SCOTUS' per-justice probability from the served model, which also reads the bench-wide transcript signal and how long each side held the podium.

Every call this term, justice by justice · how the model is built and its record. Data as of 2026-10-02.