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Spizella arborea
The Tree Sparrow is to 5 inches. Note chestnut cap and small breast spot. Overwinters.
The rust-colored eyestripe is one mark that indicates this is an American Tree Sparrow, and not a Chipping Sparrow. The bicolored bill is also distinguishes this species from the Chipping Sparrow, which would have a pinkish bill in nonbreeding plumage. Also, it is relatively uncommon, but not unheard of, for a Chipping Sparrow to overwinter.
Compare the photos of American Tree Sparrows in the suggestion link to the Chipping Sparrows in this link: http://www.allaboutbirds.org/guide/Chipp...