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U.S. v. EAGLEBOY

No. 99-2575.

200 F.3d 1137 (1999)

UNITED STATES of America, Appellant, v. Wayne EAGLEBOY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 29, 1999.

Attorney(s) appearing for the Case

Jared A. Goldstein, Washington, D.C., argued, for appellant.

James D. Leach, Rapid City, SD, argued, for appellee.

Before WOLLMAN, Chief Judge, LAY, and BOWMAN, Circuit Judges.

BOWMAN, Circuit Judge.

The District Court granted Wayne Eagleboy's motion to dismiss Count III of a three-count indictment. Count III charges Eagleboy with possessing hawk parts in violation of the Migratory Bird Treaty Act ("MBTA"), 16 U.S.C. § 703 (1994). The United States appeals. This Court has jurisdiction over appeals from the dismissal of an indictment, or any counts of an indictment, pursuant to 18 U.S.C. § 3731 (1994). Our review is de novo.

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