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UNITED STATES v. DION

Nos. 83-2353, 83-2521, 83-2538, 83-2543 and 83-2544.

752 F.2d 1261 (1985)

UNITED STATES of America, Appellant, v. Dwight DION, Sr., Appellee. UNITED STATES of America, Appellee, v. Asa PRIMEAUX, Sr., Appellant. UNITED STATES of America, Appellee, v. Dwight DION, Sr., Appellant. UNITED STATES of America, Appellee, v. Lyle DION, Appellant. UNITED STATES of America, Appellee, v. Terry Fool BULL, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 9, 1985.

Attorney(s) appearing for the Case

James Kilbourne (argued), Claire L. McGuire, Justice Dept., Washington, D.C., and Bonnie P. Ulrich, Asst. U.S. Atty., Sioux Falls, S.D., for the U.S.

Michael Dow, William Kenyon and Richard Johnson (all argued), John N. Gridley, II, Sioux Falls, S.D., for defendants.

Before HEANEY, BRIGHT, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, and BOWMAN, Circuit Judges, en banc.

ROSS, Circuit Judge.

From February 25, 1981, to June 15, 1983, agents for the United States Fish and Wildlife Service conducted an undercover operation ("Operation Eagle") in South Dakota to investigate the killing and selling of bald and golden eagles and other protected birds. Posing as traders and collectors, the agents purchased the carcasses and parts of such birds from a number of tribal Indians, including the defendants in this appeal. The defendants were subsequently...

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