U.S. v. CROOKED ARM

No. 15-30277, No. 15-30280.

853 F.3d 1065 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Douglas Vance CROOKED ARM, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Kenneth G. Shane, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 11, 2017.


Attorney(s) appearing for the Case

Brian M. Murphy (argued), Holland & Hart LLP, Billings, Montana; Mark D. Parker , Parker Heitz & Cosgrove PLLC, Billings, Montana; for Defendant-Appellant Douglas Vance Crooked Arm.

Sherry Scheel Matteucci , Matteucci Law Firm PLLC, Billings, Montana; for Defendant-Appellant Kenneth G. Shane.

Jeffrey S. Beelaert (argued), Allen Brabender , and Andrew C. Mergen , Attorneys; John C. Cruden , Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Mark S. Smith and Leif M. Johnson , Assistant United States Attorneys; Michael W. Cotter , United States Attorney; United States Attorney's Office, Billings, Montana; for Plaintiff-Appellee.

Dissent by Judge Nguyen.


OPINION

We are asked to review sentences imposed for violations of the Migratory Bird Treaty Act.

I

Douglas Vance Crooked Arm and Kenneth G. Shane appeal their felony sentences for conspiring "to kill, transport, offer for sale, and sell migratory birds, including bald and golden eagles" in...

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