United States v. Allen Old Horn

MEMORANDUM

Dale Old Horn, Allen Old Horn, and Shawn Danforth appeal their convictions for mail fraud under 18 U.S.C. § 1341 , conspiracy to commit mail fraud under 18 U.S.C. § 371 , theft from an organization receiving federal funding under 18 U.S.C. § 666 (a)(1)(A), and theft from an Indian tribal organization under 18 U.S.C. § 1163 . Allen Old Horn also appeals his convictions for extortion involving a federally funded program under 18 U.S.C. § 666 (a)(1)(B) and federal income tax fraud under 26 U.S.C. § 7206 (1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Viewing the evidence in the light most favorable to the prosecution, a jury could have reasonably concluded that the prosecution proved each element of the mail fraud counts beyond a reasonable doubt. See Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). A reasonable jury could have found that the prosecution proved use of the mails based on testimony from the companies that they mailed checks directly to the monitors. A reasonable jury could have also concluded that the prosecution proved a scheme to defraud the tribe and the intent to defraud based on evidence that Dale…