United States v. Barrett, No. 14-2641 (2d Cir. 2019)Annotate this Case
Defendant appealed the district court's judgment entered after a jury trial, challenging his conviction for using firearms in the commission of violent crimes, causing death in one case.
On remand from the Supreme Court in light of United States v. Davis, 139 S. Ct. 2319 (2019), the Second Circuit held that defendant's Count Two conviction for using firearms in the commission of Hobbs Act robbery conspiracy was not a crime of violence under 18 U.S.C. 924(c). Accordingly, the court vacated defendant's conviction as to Count Two. The court affirmed in all other respects and remanded for resentencing.
This opinion or order relates to an opinion or order originally issued on September 10, 2018.