United States v. Brown, No. 18-434 (2d Cir. 2019)Annotate this Case
Dean v. United States, 137 S. Ct. 1170 (2017), has abrogated the Second Circuit's decision in United States v. Chavez, 549 F.3d 119 (2d Cir. 2008), and permits sentencing judges to consider the severity of mandatory consecutive minimum sentences required by 18 U.S.C. 924(c) in determining sentences for underlying predicate offenses. In this case, the court was uncertain as to whether the district judge was aware of the discretion that Dean allowed him to exercise, and therefore held that the appropriate disposition was to remand for resentencing. In a summary order filed separately, the court affirmed defendant's four convictions.