United States v. Livingston, No. 11-10520 (9th Cir. 2013)
Annotate this CaseDefendant was convicted of mail fraud and theft by an officer or employee of a gaming establishment on Indian lands. On appeal, defendant challenged his conviction. The court concluded that the location of the gaming establishment was not an element of the offense under 18 U.S.C. 1168(b) and that the indictment adequately alleged mail fraud and theft by an officer or employee of a gaming establishment on Indian lands; there was no error in the jury instructions where the instructions correctly defined "intent to defraud;" and there was no error in the admission of prior acts evidence under Federal Rule of Evidence 404(b). Accordingly, the court affirmed defendant's convictions.
Court Description: Criminal Law. The panel affirmed convictions for mail fraud (18 U.S.C. § 1341) and theft by an officer or employee of a gaming establishment on Indian lands (18 U.S.C. § 1168(b)). The panel held that the location of the gaming establishment is not an element of the offense under § 1168(b), and that the allegations in the indictment were sufficiently specific to apprise the defendant of the specific offenses with which he was charged. The panel also held that the district court’s jury instructions correctly defined “intent to defraud,” and that the district court did not abuse its discretion by admitting prior acts evidence under Fed. R. Evid. 404(b).
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