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U.S. v. BEALE

Crim. No. 87-00055-B.

681 F.Supp. 74 (1988)

UNITED STATES of America v. Elery L. BEALE, Sr., Defendant.

United States District Court, D. Maine.

March 2, 1988.

Attorney(s) appearing for the Case

Thomas Goodwin, Asst. U.S. Atty., Portland, Me., for plaintiff.

Sumner Lipman, Roger Katz, Augusta, Me., for defendant.

MEMORANDUM OPINION

CYR, Chief Judge.

Defendant, who is charged with a criminal violation of title 47, United States Code, subsection 553(a), requests a jury instruction that mere distribution of equipment intended for unauthorized use in intercepting or receiving a communications service offered over a cable system does not constitute a violation of the statute, absent proof of an actual interception or reception.

DISCUSSION

Congress...

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