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U.S. v. COUNCILMAN

No. 03-1383.

373 F.3d 197 (2004)

UNITED STATES of America, Appellant, v. Bradford C. COUNCILMAN, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 29, 2004.

Attorney(s) appearing for the Case

Gary S. Katzmann, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, and Richard P. Salgado, Senior Counsel, Computer Crime and Intellectual Property Section, were on brief, for appellant.

Andrew Good, with whom Good & Cormier, was on brief, for appellee.

Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and LIPEZ, Circuit Judge.

TORRUELLA, Circuit Judge.

The United States appeals from the district court's dismissal of Count One of the Indictment against defendant Bradford C. Councilman ("defendant"). Count One charged defendant with conspiring to engage in conduct prohibited by various provisions of the Wiretap Act, 18 U.S.C. §§ 2510-2522, in violation of 18 U.S.C. § 371. We affirm.

I. Facts

Defendant was Vice-president of Interloc, Inc...

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