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This fly is "basking" on the petal of a California Poppy and this is a typical spot to find them. Location: Santa Barbara, California, USA. Length: 5mm. Empodia absent. R4+5 not forked. Frontal suture present. Outer suture on 2nd antennal segment (corrected). With complete transverse suture (corrected). Oral vibrissae present. Costa spinose. Postverticals converging. No specimen collected. Family? Genus? Species??

[To remove any confusion I have corrected my original post based on a new photograph.]