No. 10-10038.

642 F.3d 781 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. David NOSAL, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 28, 2011.

Attorney(s) appearing for the Case

Jenny C. Ellickson , Jaikumar Ramaswamy , Lanny A. Breuer , Scott N. Schools , and Kyle F. Waldinger , United States Department of Justice, Washington, D.C., for the plaintiff-appellant.

Dennis P. Riordan , Riordan & Horgan, San Francisco, CA, for the defendant-appellee.

Before: DIARMUID F. O'SCANNLAIN and STEPHEN S. TROTT, Circuit Judges, and TENA CAMPBELL, District Judge.


TROTT, Circuit Judge:

The United States appeals from the district court's dismissal of several counts of an indictment charging David Nosal with, inter alia, numerous violations of the Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. § 1030.1 Subsection (a)(4), the subsection under which Nosal was charged, subjects to punishment anyone who "knowingly and with...

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