U.S. v. CIONI

No. 09-4321.

649 F.3d 276 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Elaine Robertson CIONI, Defendant-Appellant. Electronic Frontier Foundation; National Association of Criminal Defense Lawyers, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 20, 2011.


Attorney(s) appearing for the Case

ARGUED: Jenifer Wicks , Washington, D.C., for Appellant. Jay V. Prabhu , Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Josh Goldfoot , Senior Counsel, United States Department of Justice, Washington, D.C.; Neil H. MacBride , United States Attorney, Alexandria, Virginia, for Appellee. Thomas K. Maher , North Carolina Office of Indigent Services, Durham, North Carolina; Lee Tien , Jennifer Stisa Granick , Marcia Hofmann , Electronic Frontier Foundation, San Francisco, California, for Amici Supporting Appellant.

Affirmed in part, vacated in part, and remanded for further proceedings by published opinion. Judge NIEMEYER wrote the opinion, in which Judge KING and Judge GREGORY joined.


OPINION

NIEMEYER, Circuit Judge:

Elaine Cioni was convicted of five electronic communications offenses. In Count 1, she was convicted of conspiracy to commit the offenses charged in the remaining four counts and other related electronic communications offenses, in violation of 18 U.S.C. § 371. In Counts 2 and 4, she was convicted of obtaining information through unauthorized access to computers, in violation of 18 U.S.C. § 1030(a)(2)(C). Her convictions...

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