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U.S. v. QUARRELL

Nos. 01-2286, 01-2293.

310 F.3d 664 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. James L. QUARRELL, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Michael Quarrell, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 5, 2002.

Attorney(s) appearing for the Case

Robert E. Kinney, Assistant Federal Public Defender (Stephen P. McCue, Federal Public Defender, and Shari Lynn Allison, Research and Writing Specialist, with him on the brief), Las Cruces, NM, for the Defendant-Appellant James L. Quarrell.

Angela Arellanes, Albuquerque, NM, for the Defendant-Appellant Michael Quarrell.

Peter M. Ossorio, Assistant United States Attorney (David C. Iglesias, United States Attorney, with him on the brief), Las Cruces, NM, for the Plaintiff-Appellee.

Before BRISCOE, McWILLIAMS and McKAY, Circuit Judges.

BRISCOE, Circuit Judge.

James L. Quarrell and Michael Quarrell appeal their convictions of violating the Archaeological Resources Protection Act (ARPA), 16 U.S.C. §§ 470aa et seq., and conspiring to violate ARPA pursuant to 18 U.S.C. § 371, and the sentences imposed. The Quarrells argue (1) the district court erred in not requiring the government to prove the Quarrells knew they were excavating on public land; (2) the court erred in not allowing...

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