United States v. James Thomas Nolan

Nolan attacks his convictions for federal firearms offenses. He and a co-defendant, Savage, were tried together before separate juries. One jury acquitted Savage of aiding and abetting Nolan’s receipt of a firearm. The other convicted Nolan on all counts. We affirm.

FACTS

Nolan was convicted of felonies in Florida state courts in 1966 and again in 1976. Under 18 U.S.C. § 922 (h), Nolan, as a convicted felon, is prohibited from receiving a firearm that has been shipped in interstate commerce. Federal law also prohibits possession of firearms by convicted felons. 18 U.S.C.App. § 1202(a)(1).

In 1980, Nolan and his girlfriend, Iris Geoghagen, moved from Florida to Arizona. She left him in April 1981. She testified at trial that he received several guns in Arizona in October and December of 1980. These were the subject of counts one, two, and three of the indictment, later consolidated into counts one and three.

On July 11, 1981, Nolan shot a man outside a Tucson bar. A Tucson police officer witnessed the shooting from a distance and arrested Nolan. State authorities charged him with murder, and count four of the indictment charged him with receiving the gun used in the shooting.…