No. 24-5774
 
Title: Dwayne Barrett, Petitioner
v.
United States
Docketed: October 17, 2024
Lower Ct: United States Court of Appeals for the Second Circuit
   Case Numbers: (21-1379)
   Decision Date: May 15, 2024
   Rehearing Denied: July 19, 2024
Questions Presented
 
Proceedings and Orders
Oct 15 2024 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 18, 2024)
Motion for Leave to Proceed in Forma Pauperis Petition Appendix Proof of Service
Nov 13 2024 Motion to extend the time to file a response from November 18, 2024 to December 18, 2024, submitted to The Clerk.
Main Document
Nov 15 2024 Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2024.
Dec 03 2024 Motion to extend the time to file a response from December 18, 2024 to January 17, 2025, submitted to The Clerk.
Main Document
Dec 05 2024 Motion to extend the time to file a response is granted and the time is further extended to and including January 17, 2025.
Jan 17 2025 Brief of respondent United States in opposition filed.
Main Document Proof of Service
Jan 31 2025 Reply of petitioner Dwayne Barrett filed.
Main Document Proof of Service
Feb 06 2025 DISTRIBUTED for Conference of 2/21/2025.
Feb 24 2025 DISTRIBUTED for Conference of 2/28/2025.
Mar 03 2025 Motion to proceed in forma pauperis GRANTED. Petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.
Mar 19 2025 Charles L. McCloud, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
Mar 21 2025 Motion for an extension of time to file the briefs on the merits filed.
Main Document Proof of Service
Mar 27 2025 Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 23, 2025. The time to file respondent's brief on the merits is extended to and including July 28, 2025.
May 07 2025 Motion to dispense with printing the joint appendix filed by petitioner Dwayne Barrett.
Main Document Proof of Service
May 23 2025 Brief of petitioner Dwayne Barrett filed.
Main Document Proof of Service Certificate of Word Count
May 23 2025 Brief of respondent United States in support filed.
Main Document Proof of Service
May 27 2025 Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
May 30 2025 Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Main Document Certificate of Word Count Proof of Service
Jul 10 2025 Motion for divided argument filed by the Solicitor General.
Main Document Proof of Service
Jul 28 2025 Brief of Court-appointed amicus curiae in support of the judgment below filed.
Main Document Certificate of Word Count Proof of Service
Aug 12 2025 SET FOR ARGUMENT on Tuesday, October 7, 2025.
Aug 13 2025 Record requested from the United States Court of Appeals for the Second Circuit.
Aug 18 2025 Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk. Sealed material from the United States Court of Appeals for the Second Circuit electronically available with the Clerk.
Attorneys
Attorneys for Petitioners
Matthew B. Larsen
Counsel of Record
Federal Defenders of New York
52 Duane Street
New York, NY 10007

Matthew_Larsen@fd.org
Ph: (212) 417-8725
Party name: Dwayne Barrett


Attorneys for Respondents
D. John Sauer
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: United States


Other Attorneys
Charles L. McCloud
Counsel of Record
Williams & Connolly LLP
680 Maine Avenue, S.W.
Washington, DC 20024

lmccloud@wc.com
Ph: 202-434-5998
Party name: Court-appointed amicus curiae in support of the judgment below


Gregory Cui
Counsel of Record
Roderick & Solange MacArthur Justice Center
501 H Street NE, Suite 275
Washington, DC 20002

gregory.cui@macarthurjustice.org
Ph: 2028693434
Party name: National Association of Criminal Defense Lawyers