United States v. Cone, No. 11-4888 (4th Cir. 2013)
Annotate this CaseDefendants Cone and Zhao were convicted of various charges under an indictment arising out of a scheme to import and resell counterfeit pieces of computer networking equipment. Defendants appealed. The court rejected Zhao and Cone's attack on the district court's evidentiary rulings and Cone's argument that his conviction was not supported by sufficient evidence. However, the government's theory of prosecution based on a "material alteration" theory of counterfeiting trademarks was not cognizable under the criminal counterfeiting statute based on the facts of this case. Further, the government's evidence on Count 10 was insufficient as a matter of law to sustain Zhao's conviction. Therefore, the court vacated the judgment on certain counts of conviction, affirmed the judgment in all other respects, and remanded for resentencing.
The court issued a subsequent related opinion or order on April 29, 2013.
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