Legal Opinion

United States v. Yucel

District Court, S.D. New York

Decided February 2, 2015No. SI 13-cr-834 (PKC)PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

CASTEL, District Judge.

Defendant Alex Yücel moves to dismiss Count II of the Superseding Indictment (the “SI Indictment,” Dkt. No. 9) on the grounds that the statute under which he is charged, 18 U.S.C. § 1030(a)(5)(A), is void for vagueness as applied to him.1 For the following reasons, the motion is denied. BACKGROUND

Yücel is alleged to be one of the founders of an organization that distributed malicious software (“malware”) under the brand name “Blackshades.”' (Pastore Aff. ¶ 17.) The malware included a remote access tool (“RAT”), which enabled users “to remotely…

2Cases cited39 opinions

  1. Kolender v. LawsonSupreme Court of the United States · 1983
  2. Hamling v. United StatesSupreme Court of the United States · 1974
  3. United States v. LanierSupreme Court of the United States · 1997
  4. Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
  5. United States v. WilliamsSupreme Court of the United States · 2008

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3Cited by9 opinions

  1. Hedgeye Risk Management, LLC v. HeldmanDistrict Court, District of Columbia · 2017
  2. United States v. Michael ThomasCourt of Appeals for the Fifth Circuit · 2017
  3. New Touch Digital Inc v. CabralDistrict Court, District of Columbia · 2020
  4. Philips Medical Systems Nederland B.V. v. TEC Holdings, Inc.District Court, W.D. North Carolina · 2023
  5. Philips Medical Systems Nederland B.V. v. TEC Holdings, Inc.District Court, W.D. North Carolina · 2023

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