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Junco hyemalis
Legs, bill and tail are too long for Dark-eyed Junco. Also note the dark undertail coverts. They are always pale in Dark-eyed Juncos.
Dark-eyed Junco: http://www.greglasley.net/images/D/Dark-...
Black Phoebe: http://staffwww.fullcoll.edu/tmorris/lab...