United States v. Dion

McMILLIAN, Circuit Judge, with whom BRIGHT and FAGG, Circuit Judges, join,

dissenting.

I respectfully dissent. I would overrule the holding in United States v. White, 508 F.2d 453, 457-58 (8th Cir.1974), and would instead adopt the analysis of the dissenting opinion, id. at 459-62 (Lay, J., dissenting). Accord United States v. Fryberg, 622 F.2d 1010, 1014 (9th Cir.1980) (Eagle Protection Act, as amended, 16 U.S.C. § 668(a)).