Barrett v. United States · ¶1

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 two convictions. The Second Circuit acknowledged that subsection (c)(1) and subsection (j) qualify as the same offense under the test in Blockburger v. United States, 284 U. S. 299. But it believed that, as construed in Lora v. United States, 599 U. S. 453, the two provisions are separate offenses…

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