924(j) – Federal Defenders of New York Second Circuit Blog

Supreme Court takes Second Circuit case to decide if defendants can be constitutionally punished under both § 924(c) and § 924(j)

March 3, 2025 by Sarah Baumgartel

The Supreme Court has granted certiorari in Barrett v. United States, No. 24-5774, to decide if the Double Jeopardy Clause permits a court to impose separate sentences for an act that violates both 18 U.S.C. § 924(c) and § 924(j). The petition is available here. Section 924(c)(1)(A) is violated if someone, “during and in relation … Read more

Supreme Court holds that a 924(j) conviction does not require a consecutive sentence.

June 23, 2023 by Barry Leiwant

In Lora v. United States, decided June 16, 2023, the Supreme Court ruled that the bar on imposition of concurrent sentences in 18 U.S.C. 924(c)(1)(D)(ii) does not apply to a sentence for a 924(j) conviction. Thus, the district court has the discretion to run a 924(j) sentence either concurrently with or consecutively to a sentence … Read more