U.S. v. McCARY

Nos. 93-7006, 93-7016.

14 F.3d 1502 (1994)

UNITED STATES of America, Plaintiff/Appellee/Cross-Appellant, v. Tommy Blake McCARY, Defendant/Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

February 2, 1994.


Attorney(s) appearing for the Case

David T. Shelledy, Department of Justice, Washington, D.C. (John Raley, United States Attorney, Eastern District of Oklahoma, and Dennis A. Fries, Assistant U.S. Attorney, Muskogee, Oklahoma, with him on the brief), for Plaintiff/Appellee/Cross Appellant.

R. Jay Cook, Muskogee, Oklahoma, Attorney for Defendant/Appellant/Cross-Appellee.

Before KELLY, Circuit Judge, GODBOLD, Senior Circuit Judge, and McWILLIAMS, Senior Circuit Judge.


McWILLIAMS, Senior Circuit Judge.

In the first count of a two-count indictment filed on August 14, 1992, in the United States District Court for the Eastern District of Oklahoma, Tommy Blake McCary was charged with unlawfully possessing a firearm which had been transported in interstate commerce while a fugitive from justice, in violation of 18 U.S.C. § 922(g)(2). In the second count, McCary was charged with unlawfully possessing a motor vehicle which had moved...

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