United States v. Van Buren, No. 18-12024 (11th Cir. 2021)

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Justia Opinion Summary

On remand from the Supreme Court in light of the Court's holding that 18 U.S.C. 1030 applies when a person "accesses a computer with authorization but then obtains information located in particular areas of that computer—such as files, folders, or databases—that are off limits to him," Van Buren v. United States, 593 U.S. __, 141 S. Ct. 1648, 1652, 1662 (2021), the Eleventh Circuit vacated defendant's conviction for computer fraud under section 1030 and remanded for further proceedings. In this case, section 1030 does not cover those who, like defendant, have improper motives for obtaining information that is otherwise available to them.

This opinion or order relates to an opinion or order originally issued on October 10, 2019.

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USCA11 Case: 18-12024 Date Filed: 08/04/2021 Page: 1 of 2 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-12024 ________________________ D.C. Docket No. 1:16-cr-00243-ODE-JFK-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus NATHAN VAN BUREN, ________________________ Defendant-Appellant. Appeal from the United States District Court for the Northern District of Georgia ________________________ (August 4, 2021) Before MARTIN, ROSENBAUM, and BOGGS,∗ Circuit Judges. ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES PER CURIAM: Honorable Danny J. Boggs, United States Circuit Judge for the Sixth Circuit, sitting by designation. ∗ USCA11 Case: 18-12024 Date Filed: 08/04/2021 Page: 2 of 2 When this case came to us initially, our circuit precedent required that we affirm Van Buren’s conviction for computer fraud under 18 U.S.C. § 1030 because he misused a database for an inappropriate nonbusiness reason, even though he was otherwise authorized to use and could lawfully access the database. See United States v. Van Buren, 940 F.3d 1192, 1207–08 (11th Cir. 2019) (citing United States v. Rodriguez, 628 F.3d 1258, 1263 (11th Cir. 2010)). On June 3, 2021, the United States Supreme Court reversed our decision, holding that 18 U.S.C. § 1030 applies when a person “accesses a computer with authorization but then obtains information located in particular areas of that computer—such as files, folders, or databases—that are off limits to him.” Van Buren v. United States, 593 U.S. __, 141 S. Ct. 1648, 1652, 1662 (2021). “It does not cover those who, like Van Buren, have improper motives for obtaining information that is otherwise available to them.” Id. at 1652. For the reasons stated in the Supreme Court’s decision, we vacate Van Buren’s conviction for computer fraud under 18 U.S.C. § 1030 and remand this case to the district court for further proceedings consistent with the Supreme Court’s decision. VACATED AND REMANDED. 2
Primary Holding

On remand from the Supreme Court in light of the Court's holding that 18 U.S.C. 1030 applies when a person "accesses a computer with authorization but then obtains information located in particular areas of that computer—such as files, folders, or databases—that are off limits to him," the Eleventh Circuit vacated defendant's conviction and remanded.


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