Barrett v. United States: One Act Cannot Bring Two Convictions Under § 924(c) and § 924(j)

If your loved one was convicted under both § 924(c) and § 924(j) for the same act, one of those convictions may be improper. On January 14, 2026, in Barrett v. United States, the Supreme Court held that one act that breaks both laws "may spawn only one conviction."

Section 924(c) makes it a crime to use, carry, or possess a gun in connection with a federal crime of violence or drug crime. It carries a mandatory minimum. Section 924(j) sets different penalties when that § 924(c) violation causes a death.

The Second Circuit had allowed two convictions for one act. The Supreme Court disagreed. It said Congress did not clearly authorize convictions under both provisions for the same conduct. The Court reversed that part of the judgment and sent the case back.

What this means for your family

Two convictions for one act can mean extra punishment, including an extra special assessment. Check the judgment for both a § 924(c) count and a § 924(j) count tied to the same incident.

How to raise the issue depends on where the case stands:

• If the case is on direct appeal, the lawyer may be able to raise Barrett now.
• If the conviction is final, a § 2255 motion has strict deadlines and rules. Whether Barrett can be used on collateral review is a separate legal question that a lawyer has to analyze.

Your next step

Get a copy of the judgment and look at the counts of conviction. Book a consultation to talk about your case.