US v. Truong, No. 08-10446 - Criminal Law - U.S. Ninth Circuit
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US v. Truong, No. 08-10446

Defendant's sentence for possessing unauthorized access devices is affirmed where: 1) nothing in either the plain language of 18 U.S.C. section 1029 or the case law required that an "access device" contain information identifying a particular person as its owner; and 2) the district court sufficiently explained that the Guidelines did not account for defendant's particular type of recidivism.

Read US v. Truong, No. 08-10446

Appellate Information

Argued and Submitted September 14, 2009

Filed December 1, 2009

Judges

Per Curiam

Counsel

For Appellant:

Joseph J. Wiseman, Law Offices of Joseph J. Wiseman, Davis, CA

For Appellee:

Lawrence G. Brown and Matthew D. Segal, Office of the United States Attorney, Sacramento, CA