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UNITED STATES v. MARTINELLI

Crim. No. 40139.

240 F.Supp. 365 (1965)

UNITED STATES of America, Plaintiff, v. LeRoy MARTINELLI, Defendant.

United States District Court N. D. California, S. D.

April 12, 1965.

Attorney(s) appearing for the Case

Cecil Poole, U. S. Atty., Jerrold M. Ladar, Asst. U. S. Atty., San Francisco, Cal., for plaintiff.

Bagshaw, Martinelli, Weissich & Jordan, A. E. Bagshaw, San Rafael, Cal., for defendant.

OLIVER J. CARTER, District Judge.

The defendant in an information filed by the United States Attorney has been charged with the violation of Title 16 U. S.C. § 6681 for unlawfully taking a bald eagle and a golden eagle. He has entered a plea of not guilty, and has demanded a jury trial. The government moves to quash his motion for a jury trial.

Since the maximum penalty under section 668 is a fine of not more than $500 or...

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