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

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No. 23-10478 ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSEPH DELEON, a.k.a. Joseph Nieves,

Defendant-Appellant.

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Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:18-cr-00325-MSS-JSS-1 ____________________ USCA11 Case: 23-10478 Document: 53-1 Date Filed: 09/05/2024 Page: 2 of 56

23-10478 Opinion of the Court 2

Before ROSENBAUM, NEWSOM, and ABUDU, Circuit Judges. ROSENBAUM, Circuit Judge: Our prior-precedent rule requires us to follow Eleventh Cir- cuit precedent—even if we disagree with it or think that prior pan- els have overlooked important arguments—unless and until the Supreme Court or our court sitting en banc abrogates the prece- dent. This is one of those cases where the prior-precent rule con- trols the outcome. The United States Sentencing Guidelines impose a two-level enhancement, as relevant here, for an armed robbery, “if any per- son was physically restrained to facilitate commission of the offense or to facilitate escape.” U.S. Sent’g Guidelines Manual § 2B3.1(b)(4)(B). This case requires us to determine whether the vic- tim was “physically restrained” under the meaning of the Guide- lines when Defendant Joseph Deleon walked into a store, pointed a gun at the cashier while demanding money from the register, re- ceived the money, and then left, all within about one minute. After careful review of the record and case law, and with the benefit of oral argument, we are bound to affirm.

I. BACKGROUND

Deleon walked into a convenience store, went up to the counter, and asked for cigarettes. He handed the cashier $10 to pay for the cigarettes. But when the cashier opened the register, Deleon took out a handgun and pointed it at the cashier. A video of the offense shows that the counter put little—but some— USCA11 Case: 23-10478 Document: 53-1 Date Filed: 09/05/2024 Page: 3 of 56

23-10478 Opinion of the Court 3

distance between Deleon and the cashier. The cashier gave Deleon all the money from the register. Deleon wasn’t satisfied. So he repeatedly signaled for the cashier to look again in the register, including by reaching over the counter to point into the register. So the cashier kept looking. Out of cash, the cashier gave Deleon $40’s worth of United States postal stamps. At no point does the record indicate that Deleon actually touched the cashier. Deleon then left the store. Based on the video, the entire incident lasted about one minute. A grand jury indicted Deleon for Hobbs Act robbery, in vio- lation of 18 U.S.C. § 1951(a) and (b) (Count 1), and brandishing a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A)(ii) (Count 2). After a trial, a jury convicted Deleon on both counts. The district court sentenced Deleon to 240 months’ imprisonment (156 months on Count 1 and 84 months on Coun