STATE OF CA v. IIPAY NATION OF SANTA YSABEL

No. 17-55150.

898 F.3d 960 (2018)

STATE OF CALIFORNIA; United States of America, Plaintiffs-Appellees, v. IIPAY NATION OF SANTA YSABEL, aka Santa Ysabel Band of Diegueno Mission Indians, aka Santa Ysabel Band of Diegueno Mission Indians of the Santa Ysabel Reservation; Santa Ysabel Interactive, a tribal economic development entity; Santa Ysabel Gaming Commission; Santa Ysabel Tribal Development Corporation; Anthony Bucaro; David Chelette; Michelle Maxcy; Virgil Perez; Brandie Taylor; David Vialpando, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 2, 2018.


Attorney(s) appearing for the Case

Scott D. Crowell (argued), Crowell Law Office-Tribal Advocacy Group, Sedona, Arizona; Little Fawn Boland , Ceiba Legal LLP, Mill Valley, California; Kevin C. Quigley , Foley & Quigley PLC, Saint Paul, Minnesota; for Defendants-Appellants.

Glen F. Dorgan (argued), Assistant United States Attorney, United States Attorney; United States Attorney's Office, San Diego, California; William P. Torngren , Deputy Attorney General; Sarah J. Drake, Senior Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, Sacramento, California; for Plaintiffs-Appellees.

Before: M. Margaret McKeown, Julio M. Fuentes, and Carlos T. Bea, Circuit Judges.


OPINION

This case presents an issue of first impression: Does the Indian Gaming Regulatory Act, 25 U.S.C. § 2701, et seq., permit an Indian tribe to offer online gaming to patrons located off Indian lands in jurisdictions where gambling is illegal? Because we conclude that the Unlawful Internet Gambling...

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