Case Explained: UNITED STATES OF AMERICA v. MICHAEL A. NOLAN

Court: United States Court of Appeals for the Fourth Circuit Filed: 2026-06-23 The Fourth Circuit affirmed Michael A. Nolan’s conviction for being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1) and his 63-month sentence imposed by the District Court for the Eastern District of Virginia. The court held that Nolan’s constitutional challenges to the statute, including claims under the Second Amendment and the Commerce Clause, were foreclosed by binding circuit precedent, specifically *United States v. Canada* (2024), *United States v. Hunt* (2024), and *United States v. Wells* (1996). Regarding the sentence, the court applied an abuse of discretion standard to review procedural reasonableness, examining whether the district court properly calculated the Sentencing Guidelines range and considered the factors under 18 U.S.C. § 3553(a). The court rejected Nolan’s argument that the district court erred in applying a four-level enhancement under U.S.S.G. § 2K2.1(a)(4)(B) for possessing a firearm in connection with another felony, specifically shooting at an occupied dwelling in violation of Va. Code Ann. § 18.2-279. Relying on Virginia Supreme Court rulings in *Dowdy v. Commonwealth* and *Kirby v. Commonwealth*, the court determined that the district court correctly applied the legal standard that a violation of § 18.2-279 does not require proof that human life was actually endangered, only that it may have been put in peril. Furthermore, reviewing the factual record for clear error, the court found no mistake in the district court’s determination that Nolan’s conduct could have endangered occupants. Consequently, the judgment of the district court is affirmed without oral argument. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.