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United States v. Barrett: Second Circuit Remands for Resentencing After Supreme Court Clarifies Dual 18 U.S.C. § 924(c) Convictions

The Second Circuit vacated in part its prior judgment and remanded Dwayne Barrett's case to the Southern District of New York for resentencing consistent with the Supreme Court's decision in Barrett v. United States (2026). The Supreme Court clarified that Congress has not authorized convictions under both 18 U.S.C. §§ 924(c)(1)(A)(i) and (j) for one act that violates both provisions. The appellate court withdrew Part III.A.2.c. of its prior opinion and directed the district court to vacate one of the two convictions and resentence accordingly. Barrett's request for reassignment to a different judge was denied.

USA v. Ullah - Material Support Conviction Reversed, Mass Transit Terrorism Convictions Affirmed

The Second Circuit reversed Kayed Ullah's conviction on Count One (material support to a foreign terrorist organization under 18 U.S.C. § 2339B), holding the evidence was insufficient to prove he provided or attempted to provide material support as required by the statute. The court affirmed his convictions on Counts Five and Six (terrorist attack on mass transportation under 18 U.S.C. § 1992(a)(2), and using a destructive device during a crime of violence under 18 U.S.C. § 924(c)). The court held that § 2332f(a)(1) constitutes a crime of violence for § 924(c) purposes. Defendant's life sentences remain intact on the affirmed counts.

United States v. Holley - Sentence Affirmed on Grouping and Consecutive Sentencing Challenges

The Fourth Circuit affirmed Xavier Holley's 480-month sentence for attempted Hobbs Act robbery and conspiracy, rejecting his challenges to the district court's grouping of counts and its authority to impose consecutive sentences. The appellate court held that any grouping error was harmless because the offense level remained at 45 regardless of grouping, and that consecutive sentences for conspiracy and attempted robbery are permissible under 18 U.S.C. § 3584(a) per this circuit's precedent in United States v. Oliver.