United States v. Lonny J. Street

BYE, Circuit Judge.

Lonny J. Street pleaded guilty to two counts of illegally taking bald and golden eagles in violation of 16 U.S.C. § 668, and received a felony sentence of sixteen months imprisonment. On appeal, he contends that § 668’s enhanced felony provision for a “second or subsequent conviction” does not apply to a second count charged in a single indictment. He also claims that the district court 1 erred by imposing a two-level enhancement for obstruction of justice under U.S.S.G. § 3C1.1.

Section 668, a single violation of which is a misdemeanor, provides that “in the case of a…