United States Second Circuit

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US v. Gasperini, 17-2479

Affirmed the judgment where a defendant challenged his conviction for misdemeanor computer intrusion on the grounds that it was unconstitutionally vague while also challenging the district court's denial of his suppression motion. The Second Circuit held defendant did not raise the vagueness challenge below and therefore declined to review it on appeal and that the suppression motion fails because even though the evidence was obtained in Italy through an Italian subpoena it could still be used in a US court. The appeals court also found that evidence obtained through a Wayback Machine website was authenticated.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/07/02

Judges

  • Lynch

Court

  • United States Second Circuit

Counsel


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