No. 11-10520.

725 F.3d 1141 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Jeff LIVINGSTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 7, 2013.

Attorney(s) appearing for the Case

Ann C. McClintock (argued), Assistant Federal Defender, and Daniel J. Broderick , Federal Defender, Sacramento, CA, for Defendant-Appellant.

Kirk E. Sherriff (argued), Assistant United States Attorney, and Benjamin B. Wagner , United States Attorney, Fresno, CA, for Plaintiff-Appellee.

Before: SUSAN P. GRABER and MORGAN CHRISTEN, Circuit Judges, and JOHN R. TUNHEIM, District Judge.


CHRISTEN, Circuit Judge:

Jeff Livingston appeals his 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)). Livingston argues that, in prosecutions under § 1168, the government must prove the gaming establishment is actually located on Indian lands. Because this purported element of the offense was not alleged in the indictment or included in...

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