U.S. v. AUBREY

No. 13-10510.

800 F.3d 1115 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. William AUBREY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2015.


Attorney(s) appearing for the Case

Michael J. Kennedy (argued), Chief Assistant Federal Public Defender, Rene Valladares , Federal Public Defender, Reno, NV, for Defendant-Appellant.

Scott A.C. Meisler (argued), Sung-Hee Suh , Deputy Assistant Attorney General, and Leslie R. Caldwell , Assistant Attorney General, United States Department of Justice, Criminal Division, Appellate Section, Washington, D.C.; Daniel G. Bogden , United States Attorney, Elizabeth Olson White , Appellate Chief, Kathryn Newman and Adam McMeen Flake , Assistant United States Attorneys, Las Vegas, NV, for Plaintiff-Appellee.

Before: DIARMUID F. O'SCANNLAIN, SANDRA S. IKUTA, and N. RANDY SMITH, Circuit Judges.


OPINION

For purposes of 18 U.S.C. § 1163, funds paid from an Indian tribal organization to a contractor continue to be "property belonging to any Indian tribal organization," as long as the tribal organization maintains sufficient supervision and control of disbursed funds and their ultimate use. Accordingly...

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