664 F.3d 831
10th Cir.2012Background
- Bryant was convicted of theft by an officer or employee of a gaming establishment on Indian lands under 18 U.S.C. § 1168; she entered a conditional plea challenging jurisdiction and was sentenced to two years of supervised probation with $4,000 restitution.
- The theft involved a $0.90 slot win at the Choctaw Casino; her sister, a cashier, paid Bryant $4,000.91 and they split the proceeds.
- The casino detected the missing funds and reviewed camera records; Bryant argued no federal crime occurred because she was not an employee.
- Bryant relied on 18 U.S.C. § 2 (aiding and abetting) to argue she could not be liable under § 1168, which targets an employee or licensed individual.
- The district court held jurisdiction under § 1168; the government charged Bryant under § 1168 and referenced § 2 in the indictment; the court of appeals reviews de novo on sufficiency of indictment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 1168 liability applies to Bryant as an aider and abettor. | Bryant; argues not employee, § 1168 does not apply to her. | Bryant; § 2 makes her a principal as aider and abettor, but crime targets United States, not tribe. | Indictment supports § 1168 liability via aiding and abetting; jurisdiction affirmed. |
| Whether the crime was a crime against the United States. | Bryant contends crime against Choctaw Nation not a federal crime. | Government asserts crime occurred on federally regulated Indian lands, thus federal jurisdiction. | Crime against a federally licensed gaming establishment on tribal lands constitutes a crime against the United States. |
| Whether § 1152 (Indian Country Crimes Act) applies or is governing, given indictment. | Not pertinent; § 1152 not charged and not needed; no rule of lenity applied. |
Key Cases Cited
- United States v. Todd, 446 F.3d 1062 (10th Cir. 2006) (sufficiency of indictment reviewed de novo)
- United States v. Palmer, 766 F.2d 1441 (10th Cir. 1985) (jurisdiction under § 1163; crime against tribal organization considered a federal crime)
- United States v. Maldonado-Campos, 920 F.2d 714 (10th Cir. 1990) (aiding-and-abetting applies to entire criminal code as a rule of responsibility)
- Barber v. Thomas, 130 S. Ct. 2499 (2010) (rule of lenity not invoked where statutes charged)