United States v. Henry, No. 19-2445 (6th Cir. 2020)
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In 2013, Henry was convicted of three counts of bank robbery, 18 U.S.C. 2113(a), and three counts of using or carrying a firearm during a crime of violence, 18 U.S.C. 924(c), each related to the associated bank robbery count. A defendant’s first 924(c) conviction then carried a minimum sentence of five years’ incarceration; each additional 924(c) conviction carried a 25-year sentence, even if the convictions were part of the same indictment. Henry was sentenced to 730 months’ incarceration: 70 months for each bank robbery, to be served concurrently and 60 months for the first 924(c) count and 300 months each for the second and third counts, each to be served consecutively. Following a remand, the court sentenced Henry to 738 months’ incarceration.
The Sixth Circuit remanded for resentencing, citing the Supreme Court’s 2017 “Dean” decision, permitting courts to consider mandatory-minimum sentences imposed under section 924(c) when determining the sentence for other counts. Congress passed the First Step Act, under which only a defendant who has a prior final 924(c) conviction is subject to the escalating mandatory-minimum sentences, 18 U.S.C. 924(c)(1)(C)). Henry argued that the 2018 remand meant that the court had not imposed a sentence before its enactment so that he could benefit from the amendment and have a total mandatory-minimum sentence of 15 years. The district court sentenced Henry to 60 months for the bank robberies plus 55 years under 924(c). The Sixth Circuit reversed. The language of the limited remand in Henry’s case requires the district court to revisit the sentences for his 924(c) convictions and to resentence him in accordance with the First Step Act.
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