Defendant's conviction for conspiracy to commit access device fraud is affirmed where "authorized access" or "authorization" under 18 U.S.C. section 1030(a)(2) could encompass limits placed on the use of information obtained by permitted access to a computer system and data available on that system, at least when the user knew or reasonably should have known that he or she was not authorized to access a computer and information obtainable from that access in furtherance of or to perpetrate a crime. However, defendant's sentence is vacated where the district court erred in failing to apply a three-level reduction in defendant's sentence for partial completion of the offense and there was a reasonable probability that, but for the district court's misapplication of the Sentencing Guidelines, defendant would have received a lesser sentence.
Filed February 9, 2010
Opinion by Judge Owens