Published on: Monday, September 16, 2024
Man: The enhancement that led to my 13-year prison sentence finding pointing a gun meant I "physically restrained" the convenience store cashier is wrong. Eleventh Circuit: Not wrong. Concurrence 1: Not wrong, but only because of our dumb prior caselaw which we have to follow "even if we disagree with it or think that prior panels have overlooked important arguments." Concurrence 2: I welcome our new AI overlords' help in this case.
The case is United States v. Deleon, 23-10478 (11th Cir. Sept. 5, 2024).