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U.S. v. CONE

Nos. 11-4888, 11-4934.

714 F.3d 197 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Donald CONE, Defendant-Appellant, and Chun-Hui Zhao; Richard J. Nelson, Cisco Systems., Inc., Parties-In-Interest. United States of America, Plaintiff-Appellee, v. Chun-Yu Zhao, a/k/a Jessica Smith, a/k/a Chun Yu Zhao, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 15, 2013.

Attorney(s) appearing for the Case

ARGUED: Lisa Hertzer Schertler , Schertler & Onorato, LLP, Washington, D.C., for Appellants. Lindsay Androski Kelly , Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Justin A. Torres , Gibson, Dunn & Crutcher, LLP, Washington, D.C.; Geremy C. Kamens , Office of the Federal Public Defender, Alexandria, Virginia, for Appellant Donald Cone. Neil H. MacBride , United States Attorney, Jay V. Prabhu , Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.

Affirmed in part, vacated in part, and remanded by published opinion. Judge AGEE wrote the majority opinion, in which Judge FLOYD joined. Judge WYNN wrote an opinion concurring in part and dissenting in part.

OPINION

AGEE, Circuit Judge:

Donald Cone and Chun-Yu Zhao were convicted of various charges under an indictment arising out of a scheme to import and resell counterfeit pieces of computer networking equipment, some of which bore the trademark of Cisco Systems, Inc. ("Cisco"). On appeal, they challenge certain evidentiary rulings made at their joint trial and whether some of the criminal acts alleged can support...

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