California Court of Appeal

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Musacchio v. US, 14-1095

In a conviction under 18 U.S.C. section 1030(a)(2)(C), which makes it a crime if a person intentionally accesses a computer without authorization or exceeds authorized access and thereby obtains information from any protected computer, the Fifth Circuit's affirmation of conviction over defendant's sufficiency of evidence challenge, concluding that defendant had waived his statute-of-limitations defense by failing to raise it at trial, is affirmed where: 1) a sufficiency challenge should be assessed against the elements of the charged crime, not against the elements set forth in an erroneous jury instruction; and 2) defendant cannot successfully raise section 3282(a)'s statute-of-limitations bar for the first time on appeal.

Appellate Information

  • Decided
  • Published 2016/01/25




  • California Court of Appeal