United States v. Barrett

── United States v. Barrett ── Court: Court of Appeals for the Second Circuit Date: April 09, 2026 Category: General 21-1379 United States v. Barrett 1 In the 2 United States Court of Appeals 3 for the Second Circuit 4 5 AUGUST TERM 2023 6 No. 21-1379 7 UNITED STATES OF AMERICA, 8 Appellee, 9 v. 10 DWAYNE BARRETT, AKA SEALED DEFENDANT 3, AKA TALL MAN, 11 Defendant-Appellant, 12 FAHD HUSSAIN, AKA SEALED DEFENDANT 1, AKA ALI, AKA MOE, 13 JERMAINE DORE, AKA SEALED DEFENDANT 2, AKA ST. KITTS, AKA 14 BLAQS, TAIJAY TODD, AKA SEALED DEFENDANT 4, AKA BIGGS, 15 TAMESHWAR SINGH, AKA SEALED DEFENDANT 5, AKA JERRY, SHEA 16 DOUGLAS, DAMIAN CUNNINGHAM, AKA SEALED DEFENDANT 1, AKA 17 JABA, 18 Defendants. 19 __________ 20 On Appeal from the United States District Court 21 for the Southern District of New York 22 __________ 23 ARGUED: SEPTEMBER 11, 2023 24 DECIDED: APRIL 9, 2026 25 ________________ 26 Before: RAGGI, LOHIER, and CARNEY, Circuit Judges. 27 ________________  1 On remand from the Supreme Court for resentencing 2 consistent with Barrett v. United States, 146 S. Ct. 482 (2026), this 3 court’s opinion in United States v. Barrett, 102 F.4th 60 (2d Cir. 2024) is 4 withdrawn in part and the challenged judgment of the United States 5 District Court for the Southern District of New York (Sullivan, J.) is 6 AFFIRMED IN PART, VACATED IN PART, AND REMANDED. 7 _________________ 8 9 MATTHEW B. LARSEN, Appeals Bureau, 10 Federal Defenders of New York, Inc., New 11 York, NY, for Defendant-Appellant. 12 13 MICHAEL D. MAIMIN, Assistant United 14 States Attorney (Hagan Scotten, Assistant 15 United States Attorney, on the brief), for 16 Damian Williams, United States Attorney 17 for the Southern District of New York, New 18 York, NY, for Appellee. 19 _________________ 20 21 REENA RAGGI, Circuit Judge: 22 Defendant Dwayne Barrett has come before this court 23 numerous times to challenge judgments of conviction entered in the 24 United States District Court for the Southern District of New York 25 (Richard J. Sullivan, Judge) after a jury trial at which Barrett was found 26 guilty of multiple counts of conspiratorial and substantive Hobbs Act 27 robbery; the use of firearms during such robberies; and in one 28 robbery, the murder of a robbery victim. See 18 U.S.C. 29 §§ 924(c)(1)(A)(i), 924(j), 1951 and 2; United States v. Barrett (“Barrett 30 I”), 903 F.3d 166 (2d Cir. 2018) & United States v. Barrett, 750 F. App’x 2 1 19 (2d Cir. 2018), both vacated, 139 S. Ct. 2774 (2019); United States v. 2 Barrett (“Barrett II”), 937 F.3d 126 (2d Cir. 2019); United States v. Barrett 3 (“Barrett III”), 102 F.4th 60 (2d Cir. 2024), reversed in part and remanded, 4 146 S. Ct. 482 (2026) (“Barrett IV”). We assume familiarity with these 5 opinions and the underlying facts that they detail. 6 Barrett’s case is again before this court on remand from the 7 Supreme Court, which recently clarified that—notwithstanding its 8 recognition in Lora v. United States, 599 U.S. 453 (2023), that a § 924(c) 9 firearms crime is punishable un