United States v. Theodora Morsette

MEMORANDUM

Theodora Morsette appeals her conviction for theft from an Indian Tribal Government receiving federal funds in violation of 18 U.S.C. § 666 (a)(1)(A), theft from an Indian Tribal Government in violation of 18 U.S.C. § 1163 , and theft from a healthcare facility in violation of 18 U.S.C. § 669 , as well as the district court’s sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

1. Morsette contends that under our decision in United States v. Wyncoop, 11 F.3d 119 (9th Cir. 1993), in order to trigger the statutory jurisdictional requirements of 18 U.S.C. § 666 , the government must demonstrate that her employer, the Rocky Boy Health Board Clinic (“RBHB”), directly received federal funding. Morsette’s argument is not supported by the facts underlying her. conviction or by ornease law.

To impose criminal liability under Section 666, the government must demonstrate that the defrauded agency received “in any one year period, benefits in excess of $10,000 under a Federal program involving a grant ... or other form of Federal assistance.” 18 U.S.C. § 666 (b). The Supreme Court and our court have held that Section 666 applies when…