Goldtooth

MEMORANDUM *

Loren Goldtooth (“Goldtooth”) appeals his conviction and sentence for violation of 18 U.S.C. § 1163 . We affirm.

Viewed in the light most favorable to the prosecution, a rational trier of fact could have found from the evidence that Goldtooth had the requisite intent to defraud or injure the Tohono O’Odham Indian Nation (the “Tribe”) by submitting paperwork misrepresenting his entitlement to overtime and reimbursement for work-related expenses, and by instructing lower-level employees to approve his requests. Even if there were insufficient evidence of “deceit,” Goldtooth would still be guilty of conversion because he intentionally and improperly converted tribal property for his own use. See United States v. Janis, 556 F.3d 894, 898 (8th Cir.2009).

Goldtooth argues the district court erred by failing to sua sponte give a “theory of the case” instruction. The district court, however, believed it was conveying the defense theory in its instructions concerning “willfulness” and “knowingly,” and told counsel as much.

Because Goldtooth did not object or propose any specific instruction on his defense theory that was not given, we review for plain error. United States…