United States v. Calonge, No. 21-3089 (2d Cir. 2023)
Annotate this Case
Defendant was convicted on two counts of violating the Computer Fraud and Abuse Act. 18 U.S.C. On appeal, she argued that the government failed to prove that venue was proper in the Southern District of New York.
The Second Circuit affirmed. The court held that the government adduced evidence sufficient to prove that Defendant damaged a protected computer within that District and that venue was, therefore, proper. The court explained that the jury was entitled to conclude that Defendant’s actions impaired the availability of data on the JazzHR system on her supervisor’s computer. The fact that the deletion might also have damaged the Amazon servers located in Virginia and California makes no difference. Thus, the fact that the email addresses of some New Jersey residents were obtained from AT&T’s servers was merely a “circumstance element” that could not support the venue in New Jersey where the “essential conduct elements” of the crime all occurred in other states.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.