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· 8/11/2011

United States v. Barrington

Citations

  • 648 F.3d 1178
  • 2011 WL 3503206

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that details of pending criminal charge would not have created a significantly different impression of witness where witness had already admitted to charge
  • holding that the sophisticated-means enhancement is appropriate where the offense “involve[s] repetitive and coordinated activities by numerous individuals who used sophisticated technology to perpetrate and attempt to conceal the scheme”
  • holding that a factual finding is clearly erroneous when we are “left with the definite and firm conviction that a mistake has been committed” after reviewing all of the evidence
  • holding that the sophisticated-means enhancement is appropriate where the offense “involve[s] repetitive and coordinated activities by numerous individuals who used sophisticated technology to perpetrate and attempt to conceal the scheme”
  • accepting that a keylogger software could be considered a scanning receiver, or a device, under 18 U.S.C. § 1029 (e)(8)
  • finding that “[t]he capture, storage, and transmittal of [usernames and passwords] was at least duplication or assembly” under § 2B1.1(b)(11)(B)

Source: CourtListener parenthetical corpus (CC0).

Judges: Hull and Marcus, Circuit Judges, and Whittemore

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.