Supreme Court to Review Double Jeopardy Case: Barrett v. United States

The justices will likely hear Barrett v. United States in the fall. (Katie Barlow)

The U.S. Supreme Court is set to examine the case of Barrett v. United States, revolving around a New York man’s appeal concerning his robbery convictions under federal law. The justices appointed former Supreme Court clerk, Charles L. McCloud, to represent the interests of the lower court’s ruling. This move follows the federal government’s decision not to appeal the previous court ruling.

Case Background

Dwayne Barrett was convicted for participating in a series of armed robberies. He contends that his constitutional rights were violated under the double jeopardy clause, asserting that receiving two sentences for his crimes—one for using a firearm during a violent offense and another for murder or manslaughter—constitutes double jeopardy.

Court Proceedings and Government Stance

After Barrett’s arguments were dismissed by a federal appeals court, he escalated the issue to the Supreme Court, which agreed to hear his case on March 3. Although the federal government had previously succeeded in the lower courts, they urged the Supreme Court to deny Barrett’s request for a review. They emphasized that Barrett had not yet received a resentencing and suggested that legal frameworks could rectify any potential double jeopardy violations.

Appointment of Counsel

With the federal government stepping back, the Supreme Court appointed McCloud to advocate for the existing ruling. The practice of bringing in external attorneys is common in high-profile cases, and this term has seen an unusual six appointments of such lawyers by the justices.

About Charles L. McCloud

Charles McCloud is a partner at Williams & Connolly, based in Washington, D.C. He has an impressive legal background, having previously served as a clerk for Justice Sonia Sotomayor, as well as for Judge Brett Kavanaugh and Judge Paul Niemeyer. Additionally, he was an assistant to the U.S. solicitor general from January 2023 until mid-2024, during which he argued two cases before the Supreme Court.

Looking Ahead

The Supreme Court is expected to schedule oral arguments for Barrett’s case in the fall, potentially setting a significant precedent regarding the double jeopardy clause and its implications for criminal sentencing.

This article was originally published on Howe on the Court.