U.S. v. AUERNHEIMER

No. 13-1816.

748 F.3d 525 (2014)

UNITED STATES of America v. Andrew AUERNHEIMER, a/k/a Weev a/k/a Weelos a/k/a Escher. Andrew Auernheimer, Appellant.

United States Court of Appeals, Third Circuit.

Filed: April 11, 2014.


Attorney(s) appearing for the Case

Tor B. Ekeland, Esq. , Mark H. Jaffe, Esq. , Tor Ekeland, P.C., Brooklyn, N.Y., Orin S. Kerr, Esq. , [Argued], George Washington University, Washington, DC, Marcia C. Hofmann, Esq. , Street San Francisco, CA, Hanni M. Fakhoury, Esq. , Electronic Frontier Foundation, San Francisco, CA, for Appellant.

Paul J. Fishman, Esq. , Glenn J. Moramarco, Esq. , [Argued], Office of United States Attorney, Camden Federal Building & Courthouse, Camden, NJ, Mark E. Coyne, Esq. , Office of United States Attorney, Newark, NJ, for Appellee.

Christopher C. Walsh, Esq. , Harvard Law School, Cambridge, MA, Alexander C. Muentz, Esq. , Temple University, Department of Criminal Justice, Philadelphia, PA, Jennifer S. Granick, Esq. , Stanford Law School, Center for Internet & Society, Stanford, CA, Steven P. Ragland, Esq. , Keker & Van Nest, San Francisco, CA, for Amicus Appellants.

Before: CHAGARES, GREENAWAY, JR., and VANASKIE, Circuit Judges.


OPINION

CHAGARES, Circuit Judge.

This case calls upon us to determine whether venue for Andrew Auernheimer's prosecution for conspiracy to violate the Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. § 1030, and identity fraud under 18 U.S.C. § 1028(a)(7) was proper in the District of New Jersey. Venue in criminal cases is more than a technicality; it involves "matters that touch closely the fair administration of criminal justice and public confidence...

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