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I am posting two photos of two different individual flies, but I think they are the same species. One is very swollen?a gravid female at this time of the year? Or just a fly that has been drinking too much sap?

Ephydridae?

I measured 3.2 mm to the rear of the abodmen in the one photo where you can see the abdomen. In the other photo I measured 3.6 mm to the rear of the wings.

West Virginia USA, November 2006, at Sugar Maple sap, woodlands.