Legal Opinion

United States v. McNutt

Court of Appeals for the Tenth Circuit

Decided July 3, 1990No. Nos. 89-5153, 89-5167PublishedCited by 39 opinions

1Opinion of the Court

BALDOCK, Circuit Judge.

Defendant-appellant Mark Carden McNutt was convicted by a jury of conspiracy to 1) traffic in a counterfeit access device, 18 U.S.C. § 1029, and 2) manufacture, possess, assemble or sell a surreptitious interception device, 18 U.S.C. § 2512(1)(b). On appeal, McNutt argues that neither § 1029 nor § 2512 apply to the cloned satellite television descramblers which led to his indictment. We hold that § 1029 cannot be applied to satellite television descramblers, but § 2512 can be. Because the jury placed independent reliance upon § 1029 and § 2512 as substantive offenses…

2Cases cited10 opinions

  1. United States v. Luis Anthony RiveraCourt of Appeals for the Tenth Circuit · 1990
  2. United States v. Derek Blackmon, Sidney Jones, Tyrone Stephens and Cecilia Grace RolandCourt of Appeals for the Second Circuit · 1988
  3. Eli Lubin and Glenn M. Tharp, Jr. v. United StatesCourt of Appeals for the Ninth Circuit · 1963
  4. On/tv of Chicago v. Archie Ward JulienCourt of Appeals for the Seventh Circuit · 1985
  5. United States v. Danny Lee TeeheeCourt of Appeals for the Tenth Circuit · 1990

5 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. United States v. SepulvedaCourt of Appeals for the Eleventh Circuit · 1997
  2. United States v. Dennis Richard Ashe (94-5087) David Daughtrey (94-5364)Court of Appeals for the Sixth Circuit · 1995
  3. United States v. OverholtCourt of Appeals for the Tenth Circuit · 2002
  4. United States v. Stephen L. Shriver, Joseph R. Denman, Harry Lawrence Daly, and Joseph D. FonesCourt of Appeals for the Seventh Circuit · 1993
  5. United States v. Jack LandeCourt of Appeals for the Ninth Circuit · 1992

34 more not listed; retrieve them via the Exa API.

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