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UNITED STATES v. MACKIE

Nos. 81-1704, 81-1713.

681 F.2d 1121 (1982)

UNITED STATES of America, Appellee, v. Dolores MACKIE and Celita Friera, Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 9, 1982.

Rehearing and Rehearing Denied August 5, 1982.

Attorney(s) appearing for the Case

Jeffrey M. Evans, Seattle, Wash., argued for appellants; Robert J. Wayne, Seattle, Wash., on brief for Mackie, Michael A. Frost, Seattle, Wash., on brief for Friera.

Genevieve Holm, Washington, D. C., for appellee.

Before WRIGHT, SKOPIL, and ALARCON, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 5, 1982.

EUGENE A. WRIGHT, Circuit Judge:

Appellants appeal their convictions for violations of the Migratory Bird Treaty Act (MBTA), 16 U.S.C. §§ 703, 707(b). The only issue is whether they should have been prosecuted under the more specific Bald and Golden Eagle Protection Act (BGEPA), 16 U.S.C. § 668(a).

When an act is proscribed by more than one criminal statute, the government may elect...

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