United States v. Jeff Livingston

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 the jury instructions, Livingston maintains that his conviction must be reversed. Livingston also argues that the indictment did not adequately allege mail fraud and that the jury instructions did not correctly define “intent to defraud.” Finally, Livingston argues the district court erred by admitting evidence of prior acts pursuant to Federal Rule of Evidence 404(b).

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We conclude the location of the gaming establishment is 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. We see no error in the jury instructions or in the admission of the prior acts evidence under Rule…