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U.S. v. PHILLIPS

No. 05-51271.

477 F.3d 215 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher Andrew PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 24, 2007.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Mark Twain Roomberg (argued), San Antonio, TX, for Plaintiff-Appellee.

Terrence W. Kirk (argued), Austin, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.

EDITH H. JONES, Chief Judge:

Christopher Andrew Phillips ("Phillips") appeals his conviction for intentionally accessing a protected computer without authorization and recklessly causing damage in excess of $5,000, pursuant to the Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. §§ 1030(a)(5)(A)(ii) and (B)(i). Phillips alleges that (1) insufficient evidence was presented at trial to support his conviction under § 1030(a)(5)(A)(ii); (2) the district...

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