Search

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

The Second Circuit withdrew Part III.A.2.c. of its prior Barrett III opinion and vacated the sentence imposed on defendant Dwayne Barrett on Counts Six and Seven, remanding for resentencing consistent with the Supreme Court's Barrett IV decision. 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, requiring the district court to exercise its discretion to vacate one of the two convictions on remand.

United States v. Barrett - Firearms Conviction Vacated, Remanded for Resentencing

The Second Circuit withdraws Part III.A.2.c. of its prior opinion in Barrett III (102 F.4th 60), which had permitted separate sentences on both Count Six (§ 924(c)(1)(A)(i)) and Count Seven (§ 924(j)) of the underlying indictment. The Supreme Court held in Barrett v. United States, 146 S. Ct. 482 (2026), that Congress did not authorize convictions under both provisions for a single act. The Second Circuit vacates the prior judgment to the extent it ordered separate sentences on both counts and remands with instructions for the district court to vacate one of the convictions, giving due weight to the government's view. The court denies Barrett's request for reassignment to a different judge on remand.

United States v. Barrett - Firearms Conviction Sentencing Appeal

The Second Circuit partially vacated and remanded its prior judgment in United States v. Barrett (21-1379), withdrawing Part III.A.2.c and ordering resentencing after the Supreme Court's decision in Barrett v. United States clarified that Congress has not authorized convictions under both 18 U.S.C. §§ 924(c)(1)(A)(i) and 924(j) for one act. The court instructed the district court to vacate either Count Six or Count Seven (the § 924(c)(1)(A)(i) or § 924(j) conviction) and resentence accordingly, while affirming the judgment in all other respects and denying Barrett's request for reassignment to a different judge.

United States v. Barrett - Affirmed in Part, Vacated in Part, Remanded

The Second Circuit affirmed in part and vacated in part the conviction of Dwayne Barrett on remand from the Supreme Court. Consistent with Barrett v. United States (2026), the court withdrew Part III.A.2.c. of its prior Barrett III opinion and vacated the § 924(j) murder conviction while affirming the § 924(c)(1)(A)(i) firearms conviction. The case was remanded to the Southern District of New York for resentencing on the remaining count.