meta_pixel
Tapesearch Logo
Log in
U.S. Supreme Court Oral Arguments

Barrett v. United States

U.S. Supreme Court Oral Arguments

Oyez

Government & Organizations, National

4.7661 Ratings

🗓️ 7 October 2025

⏱️ 62 minutes

🧾️ Download transcript

Summary

A case in which the Court held that a defendant who commits a single act that violates both 18 U.S.C. §924(c)(1)(A)(i)—using, carrying, or possessing a firearm during a federal crime of violence or drug trafficking crime—and §924(j)—which applies when such a violation causes death—may be convicted under only one of those provisions, not both.

Transcript

Click on a timestamp to play from that location

0:00.0

We'll hear argument next in case 24-5774 Barrett v. United States. Mr. Larson.

0:07.6

Mr. Chief Justice, and may it please the Court, possessing a gun in violation of 924C1A is a lesser

0:14.7

included offense of using it lethally in violation of 924J. The offenses are, therefore,

0:20.4

the same for purposes of double jeopardy,

0:22.7

meaning there's a presumption that Congress did not intend two punishments for one fatal

0:27.0

shooting. And this presumption controls unless there is a clear indication that Congress wanted

0:31.6

to double punish. But there isn't any. As Court-appointed amicus acknowledges,

0:37.1

924J says nothing about punishment under

0:39.5

both statutes, and is detailed in our briefing, neither is 924C. On the contrary, while 924C is very

0:47.3

clear that its punishment applies in addition to that for the underlying felony, it does not say

0:52.4

its punishment applies in addition to that

0:54.5

for a lethal shooting in violation of 924J. And the reason for this, as your honors explained

1:00.6

in Laura, is that Congress designed 924J's penalties, which include life in prison and even

1:07.0

death, to account for the seriousness of the offense by themselves without incorporating

1:12.1

penalties from subsection C. Indeed, as the Court also noted in Laura, when Congress wrote

1:18.3

924J in 1994, it specifically considered but rejected a proposal to impose multiple punishments

1:25.1

for a fatal shooting. Only in 2005 did Congress write

1:29.0

924C5 to cumulatively punish fatal gun use, but only where armor-piercing ammunition is used,

1:37.1

and that is not this case. In short, Your Honors, and as 924C5 confirms, Congress knows

1:44.1

how to order multiple punishments for a

1:45.7

lethal shooting when it wants to. It has not done so here. I welcome the Court's questions.

1:51.5

So are you saying that all of 924C1 is a lesser included offense of 924 jet.

...

Please login to see the full transcript.

Disclaimer: The podcast and artwork embedded on this page are from Oyez, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of Oyez and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.

Copyright © Tapesearch 2026.