United States Ninth Circuit

Defendant's conviction and sentence for criminal copyright infringement are: 1) affirmed, as to the conviction, where a jury instruction on willfulness was flawed but did not rise to the level of plain error, and evidence of uncharged acts was properly admitted as intrinsic to the charged conduct; but 2) vacated in part as to the restitution order and remanded, where the district court erred in failing to award restitution reflecting the victim's actual loss, which consisted of the victim's lost profits on sales of authentic copies that would have taken place if not for the defendant's conduct.

Appellate Information

• Decided 12/19/2013
• Published 12/19/2013

Judges

• CALLAHAN

Court

• United States Ninth Circuit

Counsel