On December 8,1970, he was nominated by President Richard Nixon to a new seat on the United States District Court for the Western District of Pennsylvania; he was confirmed by the United States Senate on December 16,1970.
On December 8,1970, McCune was nominated by President Richard Nixon to a new seat on the United States District Court for the Western District of Pennsylvania created by 84 Stat.294. He was confirmed by the United States Senate on December 16,1970, and received his commission on December 18,1970.