United States of America, Plaintiff/appellee/cross-Appellant v. Tommy Blake McCary Defendant/appellant/ Cross-Appellee

MeWILLIAMS, 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 in interstate commerce, knowing that the vehicle had been stolen, in violation of 18 U.S.C. § 2313.

On November 23, 1992, a jury…