United States v. Brian Rich, 4th Cir. (2015)
United States v. Brian Rich, 4th Cir. (2015)
United States v. Brian Rich, 4th Cir. (2015)
No. 14-4774
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., District Judge. (3:12-cr-00369-RJC-3)
Submitted:
Decided:
PER CURIAM:
Brian Matthew Rich appeals his conviction for conspiracy to
violate the Computer Fraud and Abuse Act (CFAA), 18 U.S.C.
1030 (2012).
Pursuant
to
conditional
guilty
plea,
Rich
We affirm.
741
F.3d
464,
467
(4th
Cir.
United States v.
2014).
federal
inform
defendant
to
the
defendant
plead
double
of
the
jeopardy
charge,
as
and
defense
enable
to
the
future
Ponce, 549 U.S. 102, 108 (2007); see Fed. R. Crim. P. 7(c)(1).
Richs sole challenge to the indictment is that it failed to
allege
that
LendingTrees
the
conspirators
network.
With
lacked
respect
authorization
to
this
to
access
element,
the
687
F.3d
199,
(4th
Cir.
2012)
(holding
CFAA
to
obtain
or
alter).
We
cannot
consider
this
must
instead
constrain
our
review
to
the
allegations
CFAA
because
interpretation
is
state an offense.
even
assuming,
correct,
the
per
arguendo,
indictment
was
that
Richs
sufficient
to
credentials.
credentials,
this
indictment deficient.
possibility
does
not
render
the
compromised.
Because
we
find
that
the
indictment
network
the
court
district
without
did
not
authorization,
err
in
denying
we
conclude
Richs
that
motion
to
dismiss.
We affirm the judgment of the district court.
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
this
court
and