Some Black Vultures look brown in the right light, especially if backlit. If it was soaring in the company of other dark birds, that's probably what it was. They tend to soar, then flap rather frantically, then soar for a few seconds and flap again.
one who needs better deoderant
It is a Killdeer bird. Size 11" (28cm) Male:An upland
possibly an owl finch? http://www.finchinfo.com/birds/finches/species/owl_finch.php
The pink orange Sophia eagle.
penguin is the answer......cant be sure :p