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U.S. v. KRAMER

No. 10-1983.

631 F.3d 900 (2011)

UNITED STATES of America, Appellee, v. Neil Scott KRAMER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 8, 2011.

Attorney(s) appearing for the Case

Michelle M. Law , Asst. Fed. Public Defender, Springfield, MO, argued ( Raymond C. Conrad, Jr. , Fed. Public Defender, Kansas City, MO, on the brief), for appellant.

James J. Kelleher , Asst. U.S. Atty., Springfield, MO, argued ( Beth Phillips , U.S. Atty., Kansas City, MO, on the brief), for appellee.

Before WOLLMAN, BYE, and SHEPHERD, Circuit Judges.

WOLLMAN, Circuit Judge.

Steve Wozniak, co-founder of Apple Computer, recently mused: "Everything has a computer in it nowadays."1 But is an ordinary cellular phone—used only to place calls and send text messages—a computer? The district court,2 relying on the definition of "computer" found in 18 U.S.C. § 1030(e)(1), concluded that Neil Kramer's was, and imposed an enhanced prison sentence...

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