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U.S. v. GRIFFITH

No. 05-12448.

455 F.3d 1339 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry Lee GRIFFITH, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 17, 2006.

Attorney(s) appearing for the Case

Regina Cannon Stephenson, V. Natasha Perdew Silas, Stephanie Kearns, Fed. Pub. Defenders, Fed. Def. Program, Inc., Atlanta, GA, for Griffith.

Francey Hakes, Amy Levin Weil, U.S. Atty., Atlanta, GA, for U.S.

Before BIRCH and CARNES, Circuit Judges, and TRAGER, District Judge.

CARNES, Circuit Judge:

Jerry Lee Griffith was convicted for possession of a firearm in violation of 18 U.S.C. § 922(g)(9), the provision of the Armed Career Criminal Act (ACCA) that makes it a crime for anyone who has been convicted of a "misdemeanor crime of domestic violence" to possess a firearm. Griffith contends that his Georgia simple battery conviction does not qualify as a predicate offense for § 922(g)(9) purposes because its contact element does...

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