Monroe

MEMORANDUM *

Gregory Monroe appeals from his conviction under 18 U.S.C. § 922 (g)(1) for being a felon in possession of a firearm. Although Monroe concedes that he consented to the pat-down search that produced the firearm, he argues that the search was tainted because it followed on the heels of an unreasonably prolonged investigatory detention inside Gina Smith’s apartment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . For the reasons explained below, we affirm.

Even if Monroe’s detention in the apartment violated the Fourth Amendment— which we do not decide — there was no “taint” that carried over to the pat-down search that followed. Monroe consented to the pat-down search and does not argue on appeal that his consent was not volun *554 tary. Voluntariness, however, is not itself dispositive of the question whether the fruit of a search is tainted. See United States v. Washington, 490 F.3d 765, 775 (9th Cir.2007) (Washington I). The gun found in Monroe’s pocket is admissible only if his consent was gained through “ ‘means sufficiently distinguishable [from the prior illegality] to be purged of the primary taint.’ ” Id. at 776 (quoting Wong Sun v. United States, 371…