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UNITED STATES v. GREEN

No. 77-5188.

571 F.2d 1 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Benny Huie GREEN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 30, 1977.

As Amended On Denial of Rehearing April 5, 1978.

Attorney(s) appearing for the Case

E. W. Rivers, Melton, Rivers & Utter, Paducah, Ky., for defendant-appellant.

Albert Jones, U. S. Atty., David L. Huber, David S. Stierle, Louisville, Ky., for plaintiff-appellee.

Before EDWARDS and ENGEL, Circuit Judges, and THORNTON, Senior District Judge.

PER CURIAM.

Appellant Green was convicted after trial before District Judge Charles Allen for "taking" mourning doves "on or over any baited area," in violation of 50 C.F.R. § 20.21, promulgated under the Migratory Bird Treaty Act, 16 U.S.C. § 703 et seq. (1970). He was sentenced to six months, with all but 15 days suspended, and fined $450.

There was ample proof (albeit vigorously disputed by the hunters) from which the District Judge could...

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