U.S. v. HART

No. 11-1156.

674 F.3d 33 (2012)

UNITED STATES of America, Appellee, v. Michael HART, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 16, 2012.


Attorney(s) appearing for the Case

Mark W. Shea , with whom Jean LaRoque , were on brief, for appellant.

Mark T. Quinlivan, Assistant United States Attorney, with whom Carmen M. Ortiz , United States Attorney, was on brief, for appellee.

Before BOUDIN and LIPEZ, Circuit Judges, and SMITH, District Judge.


SMITH, 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...

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