United States Fifth Circuit

A University of Texas student's conviction for intentionally accessing a protected computer without authorization and recklessly causing damage in excess of $5,000 is affirmed over claims that: 1) insufficient evidence supported his conviction; 2) the district court's jury charge constructively amended the indictment; 3) a failure to include a lesser-included offense instruction in a jury charge was error; and 4) an award of over $170,000 in restitution was erroneous.

Appellate Information

• Decided 01/24/2007
• Published 01/25/2007

Judges

• EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Mark Twain Roomberg (argued), San Antonio, TX, for Plaintiff-Appellee., Terrence W. Kirk (argued), Austin, TX, for Defendant-Appellant.