U.S. v. E.C. INVESTMENTS, INC.

No. 94-50631.

77 F.3d 327 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. E.C. INVESTMENTS, INC., aka Great Western Casino, Inc.; William C. Armstrong; Ira Englander; Gyorgy Hargitai; Roger Keesee, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 27, 1996.


Attorney(s) appearing for the Case

Daniel P. Collins, Assistant United States Attorney, Los Angeles, California, for plaintiff-appellant.

James D. Henderson, Crane, Rayle & Lennemann, Santa Monica, California, for defendant-appellee Keesee.

Richard P. Crane, Jr., Crane & McCann, Santa Monica, California, for defendant-appellee Englander and E.C. Investments.

Robert E. Courtney, Redondo Beach, California, for defendant-appellant Hargitai.

James T. Duff, Duff & Smith, Los Angeles, California, for defendant-appellee Armstrong.

Before: POOLE and O'SCANNLAIN, Circuit Judges; MARQUEZ, District Judge.


O'SCANNLAIN, Circuit Judge:

We must decide whether California's prohibition against the use of slot machines may serve as the predicate offense for federal prosecution of gambling activities in Indian country that are in violation of state law.

I

Pursuant to a contract with the Tribal Council of the Morongo Band of Mission Indians (the "Morongo"), defendants E.C. Investments, Inc. ("ECI"), William C. Armstrong, Ira Englander, Gyorgy Hargitai, and...

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