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UNITED STATES v. ROWE

No. 76-1615.

565 F.2d 635 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Richard ROWE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided November 10, 1977.

Attorney(s) appearing for the Case

Lyman G. Sandy, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., on the brief), for plaintiff-appellee.

David A. Freedman, Albuquerque, N. M. (Freedman, Boyd & Daniels and Willard F. Kitts, Albuquerque, N. M., on the brief), for defendant-appellant.

Before McWILLIAMS and DOYLE, Circuit Judges, and MARKEY, Chief Judge.

McWILLIAMS, Circuit Judge.

Richard Rowe, a Cherokee Indian, was convicted by a jury on all four counts of an information charging him with knowingly and unlawfully offering for sale, and selling, parts of the bodies of golden eagles in violation of the Protection of Bald and Golden Eagles Act. 16 U.S.C. § 668(a). Each count was based on a separate transaction. Count III was based on a transaction occurring on November 29, 1975, and the error urged on appeal as...

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