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U.S. v. SHUMWAY

Nos. 95-4201, 96-4000.

112 F.3d 1413 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Earl K. SHUMWAY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 6, 1997.

Attorney(s) appearing for the Case

Wayne T. Dance, Assistant United States Attorney (Scott M. Matheson, United States Attorney, with him on the briefs), Salt Lake City, Utah, for Plaintiff-Appellee.

G. Fred Metos (Joseph C. Fratto, Jr. with him on the briefs), Salt Lake City, Utah, for Defendant-Appellant.

Before SEYMOUR, BRORBY and KELLY, Circuit Judges.

BRORBY, Circuit Judge.

Appellant, Mr. Earl K. Shumway, appeals his conviction and sentence entered in the United States District Court for the District of Utah. We affirm in part, reverse in part, and remand for resentencing.

I. BACKGROUND

On November 16, 1994, Mr. Shumway was charged in a three-count indictment alleging: 1) violation of the Archaeological Resources Protection Act, 16 U.S.C. § 470ee(a) and 18 U.S.C. § 2; 2) a related charge...

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