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U.S. v. STREET

No. 00-3975.

257 F.3d 869 (2001)

UNITED STATES of America, Appellee, v. Lonny J. STREET, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 27, 2001.

Attorney(s) appearing for the Case

Al J. Arendt, argued, Pierre, SD, for appellant.

Mikal G. Hanson, argued, Asst. U.S. Atty., Pierre, SD, for appellee.

Before: MORRIS SHEPPARD ARNOLD, BRIGHT, and BYE, Circuit Judges.

BYE, Circuit Judge.

Lonny J. Street pleaded guilty to two counts of illegally taking bald and golden eagles in violation of 16 U.S.C. § 668, and received a felony sentence of sixteen months imprisonment. On appeal, he contends that § 668's enhanced felony provision for a "second or subsequent conviction" does not apply to a second count charged in a single indictment. He also claims that the district court

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