Scotuscast

Welch v. United States - Post-Argument SCOTUScast

Informações:

Sinopsis

On March 30, 2016, the Supreme Court heard oral argument in Welch v. United States. Police entered Gregory Welch’s apartment believing that a robbery suspect was on the premises, and after he consented to search they located a gun and ammunition that Welch later identified as his own. He was subsequently arrested and pleaded guilty to being a felon in possession of a firearm. Because Welch had three prior felony convictions, the district court determined that the Armed Career Criminal Act (ACCA) required that he be sentenced to a minimum of 15 years in prison. Welch appealed, arguing that his conviction for robbery in Florida state court did not qualify as a predicate offense for the purposes of ACCA because, at the time he was convicted, Florida state law allowed for a robbery conviction with a lower level of force than the federal law required to qualify as a predicate offense. The U.S. Court of Appeals for the Eleventh Circuit, however, affirmed the district court’s judgment, concluding that the minimum el