Barrett v. United States · ¶13

Barrett has since been aided by two of our decisions. After we decided United States v. Davis, 588 U. S. 445 (2019), and vacated the Second Circuit's disposition of Barrett's direct appeal in light of that decision, the Second Circuit vacated one of Barrett's § 924(c) convictions not at issue here. See 588 U. S. 918 (2019) (granting Barrett's petition for a writ of certiorari, vacating the judgment, and remanding for further consideration in light of Davis); 937 F. 3d 126, 127– 128 (2019) (vacating the conviction). The District Court then resentenced Barrett to 50 years in prison. Twenty of those years came from concurrent sentences on three Hobbs Act robbery counts, including, as relevant here, count five. Twenty-five years came from a consecutive term on count seven (the subsection (j) conviction), into which the District Court merged count six (the subsection (c) conviction).

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