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U.S. v. McNUTT

Nos. 89-5153, 89-5167.

908 F.2d 561 (1990)

UNITED STATES of America, Plaintiff-Appellee and Cross-Appellant, v. Mark Carden McNUTT, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

July 3, 1990.

Attorney(s) appearing for the Case

Kenneth P. Snoke, Asst. U.S. Atty. (Tony M. Graham, U.S. Atty., with him on the brief), Tulsa, Okl., for plaintiff-appellee and cross-appellant.

Anthony M. Laizure of Stipe, Gossett, Stipe, Harper, Estes, McCune & Parks, Tulsa, Okl., for defendant-appellant and cross-appellee.

Before LOGAN and BALDOCK, Circuit Judges, and DUMBAULD, District Judge.

BALDOCK, Circuit Judge.

Defendant-appellant Mark Carden McNutt was convicted by a jury of conspiracy to 1) traffic in a counterfeit access device, 18 U.S.C. § 1029, and 2) manufacture, possess, assemble or sell a surreptitious interception device, 18 U.S.C. § 2512(1)(b). On appeal, McNutt argues that neither § 1029 nor § 2512 apply to the cloned satellite television descramblers which led to his indictment. We hold that § 1029 cannot be applied...

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