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Computer Crimes

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United States v. Thomas Alonzo Bolin (2nd Cir. September 2020)

The Second Circuit vacated a defendant’s supervised release condition and remanded for resentencing holding that a condition of release prohibiting him from online speech promoting or endorsing violence was unconstitutionally vague and violated defendant’s right to free speech under the First Amendment. The Court held that language in the condition defining “violence” included open-ended language allowing the condition to be applied without limits.

Feds Announce 170+ Arrests in Dark Net Opioid Investigation

The DOJ and DEA have announced the arrests of 179 people and the seizure of $6.5 million stemming from an international investigation targeting suspected opioid trafficking through the Darknet. Individuals have been arrested in 7 different countries on charges relating to selling opioids through the internet and will likely see additional charges such as money laundering.

United States v. Bryan Singer (11th Cir. June 2020)

The Court affirmed the defendant’s conviction for unlawfully transporting technology to Cuba without a license, holding that there was sufficient evidence that he knew his conduct was unlawful given repeated warnings he received regarding the export license requirement. The Court also held that the trial court adequately conveyed the substance of the defendant’s proposoed instruction on ignorance of the law while it did not recite it verbatim and that the defendant’s sentencing enhancement for obstruction of justice was warranted given his perjured testimony at trial.

United States v. David Wright (1st Cir. August 2019)

The Court reversed the defendant’s conviction. In reviewing the trial court’s jury instructions on providing material support or resources to a terrorist organization, the Court held that a defendant does not act “in coordination” with a terrorist group simply by utilizing “strategy” or “tactics” used by that organization and published online by that organization.

United States v. Samuel Elliott (10th Cir. September 2019)

The Court reversed the defendant’s convictions on three of four counts for possession of child pornography. The Court held that 18 U.S.C. § 2252A(a)(5)(B), which prohibits knowingly possessing “any book, magazine…or any other material that contains an image of child pornography,” was ambiguous regarding the “unit of prosecution,” so the defendant could not be convicted for multiple counts based on having child pornography on multiple devices.

United States v. Jacob Lickers (7th Cir. June 2019)

The Court affirmed the district court’s denial of the defendant’s motion to suppress based on a federal search warrant that was based on a defective state warrant. Though the Court agreed with the defendant that “any probable cause deficiency with the state search warrant would, as a matter of law and logic on these facts, heavily inform any conclusion we reach about the sufficiency of probable cause in the federal warrant application,” the Court upheld denial of the motion to suppress since the federal agents acted in good faith when they relied on the state warrant. The Court held that the focus should have been on the federal agents, who had no reason to question the integrity of the state proceedings, though the Court acknowledged that the result may have been different if the record reflected that the FBI had more knowledge about the state court proceedings

United States v. Matthew Caniff

United States v. Matthew Caniff, No. 17-12410 (February 15, 2019) The Court affirmed the defendant’s conviction under 18 U.S.C. § 2251(d), holding that the defendant “made a notice” requesting child pornography when he sent a text message soliciting naked pictures from an undercover agent posing as a minor. The Court also found sufficient evidence that …

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