United States Tenth Circuit

A debt collection agency employee's conviction for aiding and abetting the accessing without authorization of a protected computer is affirmed but his sentence vacated and remanded where the district court failed to make particularized findings about the scope of the criminal activity defendant agreed to jointly undertake. 18 U.S.C. section 1030(a)(2)(C) only requires proof that a defendant intentionally accessed information from a protected computer, and does not require proof of intent to defraud nor proof that the defendant knew the value of the information obtained.

Appellate Information

• Decided 02/16/2007
• Published 02/19/2007

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, SEYMOUR, Circuit Judge, and ROBINSON, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Fred L. Staggs (Kent Eldridge, on the briefs), Oklahoma City, Oklahoma, appearing for Appellant.


• For Appellees:
  
• Randal A. Sengel, Assistant United States Attorney (John C. Richter, United States Attorney, with him on the brief), Office of the United States Attorney, Oklahoma City, Oklahoma, appearing for the Appellee.