United States v. Stuart Eugene Conn

Conn appeals from his conviction for receiving as a convicted felon three different firearms from Ray Musante which had been shipped or transported in interstate commerce in violation of 18 U.S.C. § 922 (h) (counts one, three and five) and for being a felon in possession of the same weapons in violation of 18 U.S.C.App. § 1202 (counts two, four, and six). In addition, he seeks reversal of his conviction for receiving, as a convicted felon, a weapon from Paul Lehman which had been shipped or transported in interstate commerce in violation of 18 U.S.C. § 922 (h) (count ten) and for being a felon in possession of the same weapon in violation of 18 U.S.C.App. § 1202 (count seven). Conn was sentenced to three years probation on counts one through six and count ten, and to three years probation and a $2,500 fine on count seven. The court ordered the probationary period on each count to run concurrently.

We discuss Conn’s contentions and the pertinent facts separately.

One. Conn contends that the trial court abused its discretion in failing to grant a mistrial or a new trial because of prejudicial jury misconduct.

Conn has failed to point out any conduct of any of the jurors which…