Barrett v. United States · ¶73

On the morning of December 12, 2011, Dwayne Barrett participated in an armed robbery that left a man dead. For this, Mr. Barrett was convicted twice in federal court. Once for using a frearm during a crime of violence under 18 U. S. C. § 924(c)(1)(A). And once for causing a death during a §924(c) violation in violation of §924(j). 102 F. 4th 60, 67 (CA2 2024). For his two convictions, the Second Circuit ordered two separate punishments: a prison term for his § 924(c)(1)(A) violation, plus another, consecutive prison term for his §924(j) violation. All of which raises the question: If Mr. Barrett is convicted and punished for both crimes, has he been “twice put in jeopardy” for “the same offence” in violation of the Double Jeopardy Clause? U. S. Const., Amdt. 5.

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