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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.

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.