United States Eighth Circuit

The enhanced felony provision for a "second or subsequent conviction" under 16 USC 668 for taking eagle feathers applies to a second count charged in a single indictment and does not require the commission of a second offense following a prior conviction.

Appellate Information

• Decided 07/27/2001
• Published 07/27/2001

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Al J. Arendt, argued, Pierre, SD, for appellant.


• For Appellees:
  
• Mikal G. Hanson, argued, Asst. U.S. Atty., Pierre, SD, for appellee.