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United States v. Hart

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Before Boudin and Lipez, Circuit Judges, and Smith, *fn1 District Judge.

Michael Hart was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and now appeals from his conviction and sentence under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (“ACCA”). Hart argues that the district court erred in denying his motion to suppress all evidence seized incident to a Terry stop, including a firearm. He additionally claims that the district court erred in concluding that his prior conviction for assault and battery with a dangerous weapon (“ABDW”) qualified as a predicate offense under ACCA. For the reasons set forth below, we affirm both the conviction and sentence.

I.

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