U.S. v. WELCH

No. 10-14649.

683 F.3d 1304 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory WELCH, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 13, 2012.


Attorney(s) appearing for the Case

Kathleen Mary Salyer , Anne Ruth Schultz , Jonathan Colan , Wifredo A. Ferrer , Laura Thomas Rivero , Stephen Schlessinger , U.S. Attys., Miami, FL, Jason Linder , U.S. Atty., Fort Lauderdale, FL, for Plaintiff-Appellee.

Peter Vincent Birch , Fed. Pub. Def., Fed. Pub. Defender's Office, West Palm Peach, FL, Brenda Greenberg Bryn , Fed. Pub. Def., Fed. Pub. Defender's Office, Fort Lauderdale, FL, Michael Caruso , Fed. Pub. Def., Fed. Pub. Defender's Office, Miami, FL, for Defendant-Appellant.

Before DUBINA, Chief Judge, and FAY and KLEINFELD, Circuit Judges.


KLEINFELD, Senior Circuit Judge:

We address whether consent to a search was voluntary and whether it was "fruit of the poisonous tree." We also address whether a Florida conviction for robbery is a "violent felony" under the Armed Career Criminal Act.

Facts

Broward County sheriff's deputies had probable cause to believe that a John Jacobs had robbed a convenience store. Two people had been shot during...

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