Legal Opinion

United States v. Rodney Eugene Burns

Court of Appeals for the Ninth Circuit

Decided January 23, 1990No. 89-50255PublishedCited by 52 opinions

1Per curiam

Rodney Burns pled guilty to one count of violating 18 U.S.C. § 1029(a)(2) (fraudulent use of access device) and appeals from the resulting 30-month sentence.

Using fraudulently obtained credit card numbers, Burns ordered computer equipment. Before he was apprehended, he had obtained goods for which billings exceeded $107,423. He contends inter alia that his peculations were improperly calculated because sales tax and shipping charges should not have been included in the “loss” column. He says the victim seller did not “lose” these amounts. His other attacks on the sentence are equally…

2Cases cited5 opinions

  1. United States v. Robin F. WillsCourt of Appeals for the Ninth Circuit · 1989
  2. United States v. David Michael MarshallCourt of Appeals for the Seventh Circuit · 1983
  3. United States v. Frank D. Monaco, United States of America v. Daniel Monaco, Jr.Court of Appeals for the Ninth Circuit · 1988
  4. United States v. MarshallDistrict Court, E.D. Wisconsin · 1981
  5. United States v. Richard Paul DarudCourt of Appeals for the Eighth Circuit · 1989

3Cited by52 opinions

  1. United States v. James Michael WiseCourt of Appeals for the Eighth Circuit · 1992
  2. United States v. Jerry D. SmithCourt of Appeals for the Ninth Circuit · 1991
  3. United States v. Andrew Earl ChapnickCourt of Appeals for the Ninth Circuit · 1992
  4. United States v. John Stephen WilsonCourt of Appeals for the Ninth Circuit · 1990
  5. United States v. Welton BrownCourt of Appeals for the Fifth Circuit · 1991

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