[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 21-11252 ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOHN ARMSTRONG, JR.,

Defendant-Appellant.

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Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:19-cr-00224-WWB-EJK-1 ____________________

Before JORDAN, LAGOA, and TJOFLAT, Circuit Judges. USCA11 Case: 21-11252 Document: 73-1 Date Filed: 12/11/2024 Page: 2 of 34

2 Opinion of the Court 21-11252

LAGOA, Circuit Judge: John Armstrong, Jr., appeals his convictions for three counts of brandishing a firearm during and in relation to a crime of vio- lence in violation of 18 U.S.C. § 924(c)(1)(A)(ii). In 2021, we af- firmed Armstrong’s convictions. But after we issued our previous opinion, the Supreme Court handed down its decision in United States v. Taylor, 596 U.S. 845 (2022). Following Taylor, the Supreme Court granted Armstrong certiorari, vacated our 2021 opinion, and remanded the case for reconsideration in light of Taylor. Upon re- mand, this Court instructed the parties to file supplemental briefs addressing Taylor. After careful consideration of the parties’ argu- ments and with the benefit of oral argument, we affirm. I. FACTUAL & PROCEDURAL BACKGROUND In 2020, a grand jury returned a 15-count indictment against Armstrong and two codefendants. Armstrong was named in Counts 1 to 4, 9 to 13, and 15. In those counts, Armstrong was charged with: one count of Hobbs Act Robbery in violation of 18 U.S.C. § 1951(a) and (b) (Count 1); one count of bank robbery in violation of 18 U.S.C. § 2113(a) (Count 3); one count of aiding and abetting attempted bank robbery in violation of § 2113(a) (Count 9); one count of aiding and abetting bank robbery (Count 11); four counts of using, carrying, and brandishing a firearm in relation to a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A)(ii) (Counts 2, 4, 10, 12—relating to Counts 1, 3, 9, and 11, respectively); one count of felon-in-possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) (Count 13); and one count of possession USCA11 Case: 21-11252 Document: 73-1 Date Filed: 12/11/2024 Page: 3 of 34

21-11252 Opinion of the Court 3

of cocaine in violation of 21 U.S.C. § 841(b)(1)(C) (Count 15). Arm- strong pled guilty to Counts 1, 3, 4, and 9–12, and the government dismissed Counts 2, 13, and 15. Armstrong’s PSI calculated his guideline range as 135 to 168 months’ imprisonment for Count 1 (Hobbs Act robbery), Count 3 (bank robbery), Count 9 (attempted bank robbery), and Count 11 (bank robbery), while the sentences for Counts 4, 10, and 12 (the three § 924(c) offenses) would each be the minimum terms required by statute. Each of those § 924(c) convictions carried a mandatory seven-year minimum term (and a life-sentence maximum term), all to run consecutively to any other term, under the statute. Before sentencing, Armstrong argued, for the first time, that § 924(c) is unconstitutionally void for