Barrett v. United States

607 U. S. 128 (2026) · 1/14/26

Congress did not clearly authorize convictions under both 18 U. S. C. §§924(c)(1)(A)(i) and (j) for a single act that violates both provisions—therefore, one act that violates both may spawn only one conviction; the part of the Second Circuit’s judgment that held otherwise is reversed.

This case concerns the relationship between two provisions of 18 U. S. C. § 924: subsection (c)(1)(A)(i), which criminalizes using, carrying, or possessing a frearm in connection with a federal crime of violence or drug trafficking crime, and subsection (j), which prescribes different penal- ties—including, in certain circumstances, capital punishment—when “a violation of subsection (c)” causes death. The question presented is whether a single act that violates both provisions may yield two convictions—one under each provision—or only one. The Second Circuit held that one such act may yield…

Held: Congress did not clearly authorize convictions under both §§924(c)(1)(A)(i) and (j) for a single act that violates both provisions. One act that violates both provisions therefore may spawn only one conviction. The part of the Second Circuit's judgment that held otherwise is reversed. Pp. 135–148. (a) When enacted, § 924(c) “made it a discrete offense” to use or carry a frearm in connection with a predicate federal crime of violence or drug trafficking crime. Abbott v. United States, 562 U. S. 8, 12. A § 924(c) violation triggers a mandatory minimum sentence of at least five years.…