In this Case Note, the author examines the D.C. Circuit’s decision in United States v. Duvall, a case that illustrates the difficulty the D.C. Circuit has had in interpreting the Supreme Court’s plurality decision in Freeman v. United States. The author analyzes the Supreme Court’s method for interpreting plurality decisions, the Marks rule, and potential alternatives to the rule. Ultimately, the author argues that Justice Sotomayor’s concurring opinion should be the controlling opinion of Freeman.
