Conviction for intentionally trafficking in goods and knowingly using a counterfeit mark is affirmed where: 1) the district court did not abuse its discretion in its definition of use under 18 U.S.C. sec. 2320(a) and the jury charge accurately submitted the issues to the jury; and 2) there was sufficient evidence of defendant's use of the counterfeit marks on or in connection with the goods to sustain his conviction.
Appeal from the United States District Court for the Western District of Pennsylvania.
Argued October 23, 2008
Filed July 31, 2009
Before: RENDELL and SMITH, Circuit Judges, and POLLAK, District Judge.
Opinion by SMITH, Circuit Judge.
For Appellant: Renee Pietropaolo, Office of Federal Public Defender, Pittsburgh, PA.
For Appellee: Robert L. Eberhardt, Laura S. Irwin, Office of the United States Attorney, Pittsburgh, PA.