United States Ninth Circuit

Defendant's sentence for possessing unauthorized access devices is affirmed where: 1) nothing in either the plain language of 18 U.S.C. section 1029 or the case law required that an "access device" contain information identifying a particular person as its owner; and 2) the district court sufficiently explained that the Guidelines did not account for defendant's particular type of recidivism.

Appellate Information

• Argued 11/03/2009
• Decided 12/01/2009
• Published 12/01/2009

Judges

• PER CURIAM:, Before:  B. FLETCHER, WILLIAM C. CANBY, JR. and SUSAN P. GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Lawrence G. Brown, Acting United States Attorney, and Matthew D. Segal (argued), Assistant United States Attorney, Office of the United States Attorney, Sacramento, CA, for the plaintiff-appellee., Joseph J. Wiseman (argued), Law Offices of Joseph J. Wiseman, Davis, CA, for the defendant-appellant.